sustained EB-1C

Senior Manager Software Engineering

Online Retailer Of Licensed Sports Merchandise · Canada · 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

4 of 4 criteria met
Managerial Capacity (Met)

The Beneficiary oversaw engineers and software engineering managers in the supply chain and logistics technology organization.

Qualifying Relationship (Met)

The Petitioner is a multinational entity with over 80 global subsidiaries, satisfying the relationship requirements.

Foreign Employment Duration (Met)

The Beneficiary was employed abroad by the Petitioner from April 2016 to September 2021, with at least one year in a managerial role.

Organizational Structure (Met)

The Petitioner demonstrated it is a leading online retailer with a complex global structure and multiple international offices.

Why This Petition Was Approved

The AAO determined that the statute allows for a beneficiary to be employed abroad by the 'same employer' (the U.S. entity) rather than a separate foreign office. The record established the Beneficiary worked in a managerial capacity for over one year in Canada before entering the U.S. and that the Petitioner is a qualifying multinational organization doing business in multiple countries.

Evidence

Evidence Submitted
  • Manager software engineering role (May 2020 - April 2021)
  • Senior manager software engineering role (April 2021 - September 2021)
  • Oversaw engineers and software engineering managers
  • Responsibility for supply chain and logistics technology organization

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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: 2025-04-14.

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At a Glance

Outcome sustained
Criteria Met 4 / 4

EB-1C Case Data

Scraped Case Data

Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47

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