sustained EB-1C
Helicopter Pilot Instructor And Manager Of Its Search And Rescue Training Operations
Helicopter Services Company · 2024-09-25
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
2 of 2 criteria metForeign Employment Duration (Met)
The Beneficiary was employed abroad for at least one year in a managerial or executive capacity within the three years preceding the petition filing (December 2019 to February 2023).
Managerial Capacity (Function Manager) (Met)
The Petitioner established that the Beneficiary was employed abroad as a function manager, overseeing the essential search and rescue training department, acting at a senior level, and primarily managing rather than performing the function.
Why This Petition Was Approved
Upon de novo review, the AAO concluded the Petitioner established by a preponderance of the evidence that the Beneficiary was employed abroad as a function manager. The Petitioner submitted sufficient evidence to establish that the Beneficiary managed the foreign employer's essential search and rescue department accounting for a significant portion of its operations abroad. The Petitioner further demonstrated on appeal that the Beneficiary was employed in a senior position and primarily relieved from non-qualifying operational duties by a subordinate chief flight instructor and several other subordinate flight instructors providing search and rescue training to military, police, and civilian clients. The Petitioner sufficiently established that the Beneficiary was employed abroad as a function manager and is eligible for the benefit sought.
Evidence
Evidence Submitted
- Managed the foreign employer's essential search and rescue department accounting for a significant portion of its operations abroad
- Employed in a senior position
- Primarily relieved from non-qualifying operational duties by a subordinate chief flight instructor and several other subordinate flight instructors
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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: 2024-09-25.
Browse all casesAt a Glance
Outcome sustained
Criteria Met 2 / 2
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
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