All Cases
74 cases · 12 approved / sustained · 38 denied / dismissed · 24 remanded
Others
Logistics · Colombia
USCIS EB-1C rfe remanded
Florida
The AAO found that the Director failed to consider the Petitioner's use of a payroll staffing company, which accounted for the additional employees needed to support an executive role. While the Director's concerns about the owner's citizenship were refuted by a U.S. passport, the AAO identified unresolved discrepancies in the Petitioner's historical share ownership that must be addressed on remand.
2025-03-11
IT Manager
Software
USCIS EB-1C rfe remanded
The AAO found that the Petitioner's consolidated tax return, combined with evidence of a January 2024 merger, demonstrated sufficient net current assets to pay the $142,088 salary. Furthermore, the AAO ruled that being on a U.S. payroll while physically working abroad for the same employer or an affiliate is not disqualifying under the statute. The case was remanded to determine if the Beneficiary's specific duties in India met the criteria for managerial capacity.
2025-03-04
Chief Executive Officer (CEO)
Jewelry · China
USCIS EB-1C rfe remanded
California
The AAO determined the Petitioner was doing business despite the suspension but remanded the case due to unresolved discrepancies in the organizational structure. Specifically, the AAO noted that the e-commerce manager lacked the subordinates necessary to perform their listed marketing duties and required a more thorough analysis of the Beneficiary's oversight of overseas staff in China.
2025-03-04
Others
Food and Beverage
USCIS EB-1C rfe remanded
The decision was remanded because the Director did not adequately analyze whether the Beneficiary's foreign role met the first prong of the statutory definition of managerial capacity. The AAO noted that the Director failed to request essential evidence, such as organizational charts or staffing hierarchies, to clarify the Beneficiary's position in the foreign management structure. Consequently, the matter was sent back to allow the Petitioner to address these evidentiary deficiencies through a new RFE.
2025-02-26
Chief Operating Officer (COO)
Fintech · Colombia
USCIS EB-1C rfe remanded
The Director failed to examine the Beneficiary's job duties and misinterpreted evidence regarding his employment history and organizational roles. The AAO determined that the Director's analysis of the organizational chart and board membership was flawed and did not reflect the situation at the time of filing.
2025-02-26
General Manager
Wholesale Trade
USCIS EB-1C dismissed
The motion to reopen was dismissed because the petitioner failed to state new facts or provide evidence that would warrant a change in the prior decision. The petitioner did not address the specific reasons for the previous summary dismissal and failed to provide the required initial evidence for the EB-1C classification. The underlying petition remains denied as the petitioner did not satisfy the requirements under 8 C.F.R. § 103.5(a)(2).
2025-02-24
Others
Food and Beverage
USCIS EB-1C rfe remanded
The AAO found that the Director's summary dismissal of the motion to reconsider did not adequately explain how the filing was deficient. Furthermore, the Director provided insufficient context and details regarding the finding of willful misrepresentation, failing to meet the regulatory requirement to advise the Petitioner of derogatory information.
2025-02-20
General Manager
Marketing and Advertising
USCIS EB-1C rfe dismissed
The decision was based on the petitioner's failure to prove the beneficiary would act in an executive capacity, specifically by directing a subordinate layer of management. Significant discrepancies were found in the payroll records and job titles, such as multiple employees being labeled as 'Human Resources Executive' despite different roles on the organizational chart. Additionally, the petitioner failed to provide necessary job descriptions for subordinates to justify executive-level supervision.
2025-02-05
Assistant Manager
Healthcare · China
USCIS EB-1C rfe dismissed
Nevada
The appeal was dismissed because the Petitioner failed to provide a clear and consistent description of the Beneficiary's managerial duties. The organizational charts were contradictory regarding the Beneficiary's position in the hierarchy, and the job description included responsibilities like sales and finance that did not align with the actual staffing. Additionally, the Petitioner did not remedy procedural deficiencies regarding translation certifications and contact information for the individual attesting to the Beneficiary's experience.
2025-02-05
Business Manager
Manufacturing
USCIS EB-1C remanded
The Director failed to provide a specific explanation for the denial and did not separately analyze the foreign and U.S. job duties. Additionally, the Director did not properly apply the 'function manager' criteria from Matter of G-, Inc., focusing too heavily on staffing levels rather than the totality of the evidence.
2025-01-31