dismissed
EB-1C
dismissed EB-1C Case: Used Automobile Sales
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment, both abroad and in the proposed U.S. position, was primarily in a managerial or executive capacity. The petitioner admitted the beneficiary would dedicate 50% of his time to non-qualifying operational tasks. Additionally, the AAO found that the U.S. petitioner was a sole proprietorship, not a separate legal entity, and therefore not a qualifying organization to employ the beneficiary.
Criteria Discussed
Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Qualifying Organization
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.