Visalytics
Visalytics
remanded EB-1A

Investment Fund Manager, General Manager And Fund Manager

Investment Fund Manager, Securities Research Field, Securities Investment And Fund Management Industry · China · 2024-09-20

Decision Date
2024-09-20
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

3 of 3 criteria met
Authorship of scholarly articles (Met)

The Petitioner submitted evidence of his authorship of scholarly articles in his field, which the Director found satisfied this criterion.

Published material about the noncitizen (Met)

The Petitioner submitted copies of 2022 articles about him in Chinese business magazines and on an online news site, which the AAO found to be major media due to its high ranking and readership in China.

Performance in a leading or critical role for organizations with a distinguished reputation (Met)

The Petitioner performed in a leading role as general manager and fund manager of his private equity firm. The firm's rapid growth from $4.2 million to $254.6 million in assets and its receipt of prestigious 'Oscars of the Chinese public fund industry' awards demonstrated a distinguished reputation.

High salary or other significantly high remuneration (Not Met)

The AAO did not consider the purported evidence of high salary as the Petitioner had already met the minimum three criteria, making a finding on this criterion unnecessary.

Why This Petition Was Remanded

The AAO found the Petitioner satisfied three of the ten EB-1A criteria: authorship of scholarly articles, published materials about him in major media (an online news site ranked as the ninth most popular web portal in China with 10 million readers), and performance in a leading role for a distinguished organization (his private equity firm, which grew from $4.2 million to $254.6 million in assets and won 'Oscars of the Chinese public fund industry' awards). The Director's contrary findings on the latter two criteria were withdrawn, and the case was remanded for a final merits determination.

Evidence

Evidence Types
Peer Reviewed Publications
Media Coverage
Leading Role
Commercial Success
Awards
Evidence Submitted
  • authorship of scholarly articles in his field
  • 2022 articles about him in Chinese business magazines and on an online news site (ninth most popular web portal in China, fourth most popular Chinese news site, 10 million regular readers)
  • performance in a leading role as general manager and fund manager of a Chinese private equity firm
  • private equity firm's growth from 30 million yuan ($4.2 million) to 1.8 billion yuan ($254.6 million) in managed investments
  • private equity firm winning consecutive I I and I I awards (Oscars of the Chinese public fund industry) between 2019 and 2021
  • competitors attempting to copy the firm's successful investment approach

Similar Cases

Financial Manager

Financial Services

USCIS EB-1A remanded
2024-09-13
The Director erred in determining that the petitioner did not meet the leading or critical role criterion. The AAO found sufficient evidence that the petitioner performed leading or critical roles for distinguished venture capital firms K- and N-, including managing significant funds (1.5 billion yuan and $170 million USD) and founding N- which earned over $26 million in revenue in 2022 and garnered industry awards. With this, the petitioner satisfied three criteria (published material, judging, leading/critical role), necessitating a remand for a final merits review.

Chief Executive Officer (CEO)

Fintech · Ukraine

USCIS EB-1A rfe remanded
2024-09-24
The AAO found the Director erred in evaluating the membership and published material criteria. The Beneficiary's membership in the Forbes Finance Council was deemed to require outstanding achievements, despite a fee, and several online articles were found to be sufficient published material about the Beneficiary. However, the award received was not established as nationally or internationally recognized, original contributions lacked corroborating evidence of major significance, and articles authored by the Beneficiary were deemed informational rather than scholarly.

Chief Executive Officer (CEO)

Fintech

USCIS EB-1A remanded
2025-01-03
The AAO withdrew the Director's decision and remanded the matter. The AAO found that the Director erred in disallowing comparable evidence for the 'authorship of scholarly articles' criterion (8 C.F.R. § 204.5(h)(3)(vi)). The AAO determined that the Beneficiary's presentations at multiple major trade shows constituted comparable evidence, thereby satisfying this criterion. With this additional criterion met, the Petitioner now satisfies at least three of the ten criteria, allowing the case to proceed to a final merits determination, which the Director had not performed.

Financial Analyst

Financial Services · China

USCIS EB-1A rfe dismissed
2024-04-08
The Petitioner failed to meet the statutory requirement of proving intent to work in the field in the U.S. and only satisfied one EB-1A criterion (scholarly articles) instead of the required three. A finding of material misrepresentation was affirmed because the Petitioner submitted altered translations of judging evidence to make student competitions appear as professional ones. Other criteria challenges were deemed waived as the Petitioner did not specify errors in the Director's findings on appeal.

Frequently Asked Questions

A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

Browse More Cases

More remanded cases More Financial Services cases More cases from China

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-20.

Browse all cases

At a Glance

Outcome remanded
Criteria Met 3 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 884
Success Rate 52.7%
Sustained 466
Dismissed 301

Related Pages

EB-1A Overview EB-1A in China All EB-1A Cases EB-1A Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist