sustained EB-1C
Director Of Technology
Biogas Engineering Company · 2024-10-02
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
1 of 1 criteria metExecutive Capacity (Met)
The Beneficiary was found to have directed a major component of the foreign employer (engineering department), established its goals and policies, exercised wide discretionary decision-making, and received only general supervision, thus meeting the executive capacity requirements.
Why This Petition Was Approved
The AAO found that the Petitioner provided sufficient evidence to establish the Beneficiary directed the foreign employer's engineering department, primarily establishing its goals and policies. Evidence demonstrated the Beneficiary was relieved of non-qualifying operational duties by subordinate engineers and exercised wide discretionary authority, receiving only general direction from the foreign employer's chief technology officer, thus meeting the executive capacity criteria.
Evidence
Evidence Submitted
- Beneficiary directed a major component of the foreign employer, its engineering department
- Beneficiary was primarily tasked with establishing the engineering department's goals and policies
- Beneficiary was primarily relieved from non-qualifying operational duties by subordinate engineers
- Beneficiary had wide discretionary authority over the engineering department
- Beneficiary received only general direction from the foreign employer's chief technology officer
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Frequently Asked Questions
A sustained EB-1C (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.
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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-02.
Browse all casesAt a Glance
Outcome sustained
Criteria Met 1 / 1
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
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