sustained EB-1C

Senior Principal Software Engineer/Technical Delivery Manager

Information Technology Services Company · 2025-04-14

Decision Date
2025-04-14
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 met
Qualifying Relationship (Met)

The record substantiates that the Petitioner and the Beneficiary's employer abroad have a qualifying parent-subsidiary relationship.

Why This Petition Was Approved

The appeal was sustained because the Petitioner provided sufficient evidence to demonstrate an ongoing qualifying relationship with the foreign entity. The Petitioner also successfully proved its financial ability to pay the proffered wage as required by 8 C.F.R. § 204.5(g)(2). The AAO concluded the Petitioner met the burden of proof by a preponderance of the evidence.

Similar Cases

Project Manager

Software · India

USCIS EB-1C sustained
2023-01-12
The AAO determined that the Beneficiary's period in L-1A status and temporary transfer back to the Indian subsidiary did not interrupt the continuity of employment within the multinational organization. The qualifying period was correctly calculated by reaching back to the period preceding his initial 2014 entry to the United States. Consequently, the Beneficiary satisfied the requirement of at least one year of foreign employment in a managerial capacity within the relevant three-year window.

Software Engineer

Software · India

USCIS EB-1C rfe dismissed
2024-06-17
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a managerial capacity. Specifically, the organizational structure showed the Beneficiary in a non-senior role, and his job duties included significant operational tasks such as bug analysis and feature automation. The Petitioner did not provide sufficient evidence of the subordinate team that would have relieved the Beneficiary from performing these front-line technical duties.

General Manager

Software · India

USCIS EB-1C rfe remanded
2025-03-04
The AAO withdrew the Director's decision, finding that the Petitioner established its ability to pay the proffered salary of $142,088 per year through consolidated tax returns showing sufficient net current assets and proof of salary payments, also considering a merger that combined assets. The AAO also determined that the Beneficiary's employment in India, even while on the U.S. entity's payroll, constituted qualifying employment abroad under the statute and regulations, as the key factor is physical presence outside the U.S. and working for the 'same employer' or a related entity. The matter was remanded for a determination on the merits of the managerial capacity claim.

Director

Marketing and Advertising · India

USCIS EB-1C rfe dismissed
New York 2024-11-22
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial capacity for at least one year. The evidence provided, including job descriptions and an organizational chart, did not sufficiently distinguish the Beneficiary's role from other senior data scientists or demonstrate primary engagement in managerial duties over operational tasks. The RFE response also lacked specific details on time breakdown for duties and managerial authority over personnel.

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.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-04-14.

Browse all cases

At a Glance

Outcome sustained
Criteria Met 1 / 1

EB-1C Case Data

Scraped Case Data

Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47

Get Case Insights

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

Join Waitlist