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sustained EB-1C RFE Issued

Vice President, Process Engineering

Manufacturer Of High-Performance Lasers · Australia · 2024-10-11

Decision Date
2024-10-11
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 met
Foreign Employment Duration (Met)

The Beneficiary was continuously employed by the Petitioner outside the United States since 2019, meeting the one-year employment abroad requirement within the three years preceding the petition filing.

Managerial Capacity (Met)

The Beneficiary's role as vice president, process engineering, with 75 direct and indirect reports, managing an essential function at a senior level, and exercising discretion over day-to-day operations, was determined to be primarily managerial.

Qualifying Relationship (Met)

The Petitioner, a U.S. corporation, directly employed the Beneficiary abroad, and the AAO found that direct employment by the U.S. petitioner while based abroad is permissible, satisfying the 'same employer' requirement within a multinational organization.

Why This Petition Was Approved

The AAO sustained the appeal, finding that the plain language of the statute and regulations allows for direct employment of an 'unattached' foreign worker by a U.S. employer, provided all other eligibility requirements are met. The Beneficiary was continuously employed by the Petitioner's multinational organization for the required period in a managerial capacity, managing process engineering across U.S. and Asia sites with 75 direct and indirect reports. The Petitioner demonstrated the Beneficiary's role was primarily managerial, overseeing an essential function and exercising discretion over day-to-day operations.

Request for Evidence (RFE)

Successfully Addressed

The Director requested additional evidence related to the Beneficiary's current and proposed managerial positions, which the Petitioner responded to.

RFE Targets
Managerial Capacity

Evidence

Evidence Types
Annual Income Statements
Organizational Hierarchy
Staffing Levels
Evidence Submitted
  • Beneficiary's role as vice president, process engineering, managing process engineering across U.S. and Asia sites
  • Approximately 75 direct and indirect reports worldwide
  • Reports directly to the U.S.-based chief operating officer of the global organization
  • Evidence corroborating performance of assigned responsibilities through remote work and international travel
  • Organizational hierarchy and documented staffing levels

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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: 2024-10-11.

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At a Glance

Outcome sustained
RFE Issued
Criteria Met 3 / 3
Evidence Types 3

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

EB-1C Overview EB-1C in Australia All EB-1C Cases EB-1C Dashboard

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