EB-1C Dismissed — Import-Export (2012): did not establish evidence specifically requested by the

Decision Summary

The appeal was dismissed because the petitioner failed to provide evidence specifically requested by the director in a Notice of Intent to Deny (NOID). The requested evidence was necessary to establish the qualifying relationship between the U.S. and foreign entities and the managerial or executive capacity of the beneficiary's past and proposed roles. The AAO noted that evidence submitted for the first time on appeal would not be considered when a petitioner has been put on notice of a deficiency and given an opportunity to respond.

Criteria Discussed

Sign up free to download the original PDF