This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to establish a qualifying relationship with the foreign employer, failed to show the beneficiary would work in a managerial or executive capacity, and failed to demonstrate ability to pay the proffered wage. Each ground was treated as an independent basis for denial.
A plumbing and heating company sought to permanently transfer a foreign national as its vice president and administrator under the EB-1C multinational manager classification. The AAO upheld denial on three independent grounds. First, the petitioner failed to establish a qualifying affiliate relationship because share certificates were contradicted by tax returns listing only one shareholder, and key corporate documents were never provided. Second, the proposed job description described data entry and first-line supervision of non-professional staff — not managerial or executive duties — and the organizational chart was internally inconsistent with the written description. Third, ability to pay was fatally undermined by the petitioner's contradictory claims about whether the beneficiary had ever worked in the U.S., which cast doubt on the authenticity of submitted payroll documents. The decision illustrates that credibility problems on any one issue can compound findings on others.
What failed: 1. Ownership documentation was internally contradictory: share certificates showed two shareholders in 2013, but the company's own tax return for that year reported only one shareholder, and the petitioner never produced corporate bylaws, stock ledgers, or meeting minutes to resolve the conflict. 2. The job description listed clerical and first-line supervisory tasks (data entry, supervising administrative assistants, bookkeeping) that do not meet the statutory definition of managerial or executive work, and the organizational chart was inconsistent with the description. 3. The petitioner made irreconcilable statements about whether the beneficiary worked in the U.S.: initial filings included pay stubs, while the appeal claimed he never worked there, destroying the credibility of both sets of claims and leaving no reliable evidence of ability to pay.
Takeaway: For EB-1C petitions, petitioners must provide complete corporate documentation (stock ledgers, bylaws, meeting minutes) to prove ownership and control, ensure all filings are internally consistent, and never make contradictory factual representations across stages of the proceeding — inconsistencies on credibility grounds can defeat even otherwise supportable claims.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-1C criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- Ownership documentation was internally contradictory: share certificates showed two shareholders in 2013, but the company's own tax return for that year reported only one shareholder, and the petitioner never produced corporate bylaws, stock ledgers, or meeting minutes to resolve the conflict
- The job description listed clerical and first-line supervisory tasks (data entry, supervising administrative assistants, bookkeeping) that do not meet the statutory definition of managerial or executive work, and the organizational chart was inconsistent with the description
- The petitioner made irreconcilable statements about whether the beneficiary worked in the U.S.: initial filings included pay stubs, while the appeal claimed he never worked there, destroying the credibility of both sets of claims and leaving no reliable evidence of ability to pay.
2013 IRS Form 1120S showing net current assets of approximately $417,748, acknowledged as sufficient to cover proffered salary on its face
Albanian commercial register records showing shared ownership of the foreign company
Share certificates numbered 2 and 3 for the U.S. company, which were unsupported by stock ledgers, bylaws, or meeting minutes and contradicted the 2013 tax return listing only one shareholder
Job description claiming vice president/administrator role, found to describe data entry and first-line supervision of non-professional staff rather than managerial or executive duties
Payroll documents and pay receipts for January-February 2015, undermined by contradictory statement on appeal that the beneficiary never worked in the U.S. and by bank statements not reflecting corresponding withdrawals
Organizational chart listing superintendents as subordinates, where the job description never mentioned them or the beneficiary's authority over them
Unsupported appellate claim that company relies on subcontractors, raised for the first time on appeal without documentary support
2014 and 2015 income tax returns, referenced in the RFE response cover letter but not actually present in the record
Director quoted the beneficiary's foreign job description instead of the U.S. job description when analyzing the U.S. managerial/executive capacity, though this did not affect the ultimate outcome
Completed
I-140 filed
Vice president and administrator of a plumbing and heating contracting company
Completed
Texas Service Center — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2016-12-20
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to establish a qualifying relationship with the foreign employer, failed to show the beneficiary would work in a managerial or executive capacity, and failed to demonstrate ability to pay the proffered wage. Each ground was treated as an independent basis for denial.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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