remanded EB-1A
Financial Manager
Venture Capital Industry · 2024-09-13
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 metPublished material about the alien in major trade publications or other major media (Met)
The Director determined, and the AAO agreed, that the petitioner provided sufficient evidence of material published about her in major trade publications or major media.
Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of endeavor (Met)
The Director determined, and the AAO agreed, that the petitioner provided sufficient evidence of having judged the work of others in the field.
Evidence that the individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation (Met)
The AAO found that the petitioner performed in leading or critical roles for distinguished venture capital firms K- and N-, evidenced by her position as Early-Stage Fund Managing Partner, managing significant funds, founding N-, holding 99% ownership, and N-'s substantial revenue and industry awards.
Why This Petition Was Remanded
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.
Evidence
Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions
Leading Role
Commercial Success
Awards
Judging Experience
Evidence Submitted
- testimonial letters
- major media articles
- recognition of capital investment activities
- employment verification letter from K-
- organizational chart detailing position as Early-Stage Fund Managing Partner at K-
- responsibilities in fundraising and co-managing RMB funds of 1.5 billion yuan and USD funds of $170 million at K-
- email from K-detailing and acknowledging contributions
- media reports showing 'Investor of the Year in 2016' award while at K-
- evidence that K-manages over 600 portfolio companies and has a distinguished reputation with industry awards
- documentary evidence about N-'s business activities
- evidence that petitioner founded N-in 2017 and holds 99% ownership
- evidence that N-is the highest decision-maker in the organization
- evidence that N-is the management company for (N-Fund)
- evidence that N-earned over $26 million in revenue in 2022
- evidence that N-made investments in over 60 startup companies
- evidence of N-securing follow-on financing from investment institutions (S-, T-, A-)
- evidence that N-garnered industry awards for excellence in capital investment field
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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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-13.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 3 / 3
Evidence Types 7
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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