This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to show the beneficiary would supervise professional employees, as none of the three subordinate assistant ministers held a U.S. bachelor's degree or foreign equivalent required to qualify as professionals under the statutory definition of managerial capacity. The AAO also noted deficiencies in the ability-to-pay documentation, though this was not grounds for dismissal.
A non-profit religious organization filed an I-140 petition to permanently employ its Swami In-Charge in the U.S. under the EB-1C multinational manager/executive classification. SCOPS denied the petition on the ground that the beneficiary's proposed position did not meet the statutory definition of managerial capacity because his subordinate assistant ministers lacked U.S. bachelor's degrees or foreign equivalents necessary to qualify as professionals. On appeal, the petitioner argued that expert testimony showed work experience as a senior monk was equivalent to a theology degree, and that not every subordinate needs to hold a degree. The AAO rejected these arguments, affirming that work experience cannot substitute for a formal degree under 8 C.F.R. § 204.5(k)(2) and that the petitioner had itself asserted the beneficiary would supervise professionals, making professional subordinates a required element. The AAO also flagged deficiencies in the ability-to-pay documentation as an issue for future filings, though it was not a basis for this dismissal.
What failed: 1. Expert testimony claiming a senior monk's work experience was equivalent to a bachelor's degree in theology was rejected because work experience cannot substitute for a formal degree under immigration regulations. 2. The petitioner's own RFE response committed the beneficiary to supervising 'professionals,' which required proof that subordinates held qualifying degrees — proof the petitioner could not provide. 3. Financial documents submitted to show ability to pay were unaudited, predated the priority date, and were not of the types (annual reports, tax returns, or audited financial statements) required by regulation.
Takeaway: EB-1C petitioners relying on supervision of professional employees must ensure that every claimed professional subordinate holds a qualifying U.S. bachelor's degree or verified foreign equivalent — expert opinions about experiential equivalence will not suffice. Petitioners should also consider whether to claim function manager status if professional subordinate qualifications are uncertain, and must submit the correct financial documents (annual reports, federal tax returns, or audited financials) aligned with the petition's priority date to satisfy the ability-to-pay requirement.
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
- Expert testimony claiming a senior monk's work experience was equivalent to a bachelor's degree in theology was rejected because work experience cannot substitute for a formal degree under immigration regulations
- The petitioner's own RFE response committed the beneficiary to supervising 'professionals,' which required proof that subordinates held qualifying degrees — proof the petitioner could not provide
- Financial documents submitted to show ability to pay were unaudited, predated the priority date, and were not of the types (annual reports, tax returns, or audited financial statements) required by regulation.
Completed
I-140 filed
Religious leader/manager (Swami In-Charge) at a non-profit religious organization
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-02-26
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to show the beneficiary would supervise professional employees, as none of the three subordinate assistant ministers held a U.S. bachelor's degree or foreign equivalent required to qualify as professionals under the statutory definition of managerial capacity. The AAO also noted deficiencies in the ability-to-pay documentation, though this was not grounds for dismissal.
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.