Good news — this case cleared the first bar
The AAO withdrew SCOPS' denial and remanded the matter because SCOPS failed to adequately explain its reasons for denial and did not discuss the probative value of the submitted evidence, denying the Petitioner a fair opportunity to contest the decision.
A carpentry business sought to permanently employ its general manager under the EB-1C multinational manager or executive classification. SCOPS denied the petition on grounds that no qualifying relationship with the foreign employer was established and the proposed U.S. employment was not managerial or executive. The AAO found SCOPS' decision procedurally deficient because it failed to discuss the probative value of submitted evidence or provide specific reasons for denial. The AAO also found substantive errors, including SCOPS improperly relying solely on headcount to deny managerial capacity and raising the managerial capacity issue in the denial without giving the Petitioner an RFE opportunity to respond. The matter was remanded for a new decision addressing qualifying relationship, managerial/executive capacity, multinational status, and the Beneficiary's prior qualifying employment abroad.
What worked: The AAO agreed that SCOPS' decision was procedurally deficient for failing to explain its reasoning and discuss submitted evidence, warranting a remand. The AAO also noted that SCOPS improperly used employee headcount as the sole basis for denying managerial capacity, which is not permitted under the law.
What failed: The record contained significant evidentiary problems on remand, including: the foreign entity appeared to have wound down after the owner's death in 2024 with no evidence of licensing continuity; post-RFE documents were created after the RFE and raised authenticity concerns; and the Petitioner's own tax filings showed no employees or wages in the filing quarter, contradicting claimed staffing levels.
Takeaway: For EB-1C petitions, petitioners must proactively document the qualifying relationship with clear ownership/control evidence and demonstrate continuous business operations of the foreign entity through the date of adjudication. USCIS must address all submitted evidence and give petitioners RFE opportunities before raising new denial grounds.
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
- The AAO agreed that SCOPS' decision was procedurally deficient for failing to explain its reasoning and discuss submitted evidence, warranting a remand
- The AAO also noted that SCOPS improperly used employee headcount as the sole basis for denying managerial capacity, which is not permitted under the law.
● Evidence that wasn't enough alone
- The record contained significant evidentiary problems on remand, including: the foreign entity appeared to have wound down after the owner's death in 2024 with no evidence of licensing continuity
- post-RFE documents were created after the RFE and raised authenticity concerns
- and the Petitioner's own tax filings showed no employees or wages in the filing quarter, contradicting claimed staffing levels.
Completed
I-140 filed
General manager of a carpentry business
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-02-17
AAO decision — Remanded
The AAO withdrew SCOPS' denial and remanded the matter because SCOPS failed to adequately explain its reasons for denial and did not discuss the probative value of the submitted evidence, denying the Petitioner a fair opportunity to contest the decision.
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.