Dismissed
EB-1C
EB-1C Dismissed โ Business Consulting (2017): did not establish the beneficiary would be employed in a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacity in the U.S. While the AAO found sufficient evidence of the beneficiary's qualifying executive role abroad, it agreed with the Director that there were significant and unresolved inconsistencies regarding the U.S. company's staffing levels, making it impossible to determine if the beneficiary would be relieved from performing non-qualifying day-to-day operational tasks.
Criteria Discussed
Employment In An Executive Capacity Employment Abroad In An Executive Capacity Staffing Levels Organizational Structure Reasonable Needs Of The Organization
๐ Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more EB-1C decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions โ