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remanded EB-1C RFE Issued

Chief Operating Officer (COO)

Financial Automation Technology · 2025-02-26

Decision Date
2025-02-26
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 4 criteria met
Qualifying relationship between entities (Met)

The record shows that the Petitioner and its Colombian subsidiary operate the same business, establishing a qualifying relationship.

Foreign employment for at least one year in executive capacity (Partially Met)

The AAO found that the Beneficiary worked at the Colombian subsidiary from June 2019 until September 2023, satisfying the duration requirement, but the Director's analysis of the executive capacity during this period was flawed and needs reconsideration.

Proposed U.S. job in executive capacity (Not Met)

The Director concluded the Petitioner did not demonstrate the Beneficiary's proposed U.S. work in executive capacity. The AAO remanded for reconsideration, instructing the Director to examine job duties and staffing, as the record did not establish sufficient staffing to relieve the Beneficiary from operational duties at the time of filing.

Why This Petition Was Remanded

The AAO remanded the case because the Director disregarded the Petitioner's descriptions of job duties, misinterpreted evidence regarding the Beneficiary's U.S. start date (September 2023 vs. 2019), and incorrectly concluded the Beneficiary was employed as CFO in the U.S. based on a legal formality. The AAO also noted the Director should have focused on staffing at the time of filing and reconsidered the executive nature of the Beneficiary's work, asking for more information on non-supervised employees.

Request for Evidence (RFE)

Successfully Addressed

The RFE questioned the number of employees listed on the combined organizational chart for the U.S. company, noting a discrepancy with federal payroll tax records. The Petitioner responded by clarifying that the organizational chart was dated 2022, prior to the petition's filing, and thus did not reflect the staffing at the time of filing.

RFE Targets
organizational structure

Evidence

Evidence Submitted
  • meeting minutes from the Colombian subsidiary
  • contracts signed by the Beneficiary
  • copies of media articles
  • payroll records showing Colombian subsidiary employment (March 2022 to August 2023)
  • employment agreement and payroll records showing U.S. employment (beginning September 2023)
  • combined organizational chart of both entities

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Frequently Asked Questions

A remanded EB-1C 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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-26.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 4

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

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