remanded EB-1C
Chief Executive Officer
Private Jet And Tourism Services Company · Argentina · 2024-08-29
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 metExecutive Capacity (Met)
The AAO found that the Beneficiary more likely than not acted in an executive capacity abroad, based on detailed duty descriptions, organizational charts, and evidence of executive-level tasks and direction of subordinate management. The Director's requirement for professional subordinates and a complex hierarchy was deemed erroneous.
Why This Petition Was Remanded
The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the matter, finding the Director erred by requiring the Beneficiary to supervise professional subordinates and oversee a 'complex' organizational hierarchy to qualify as an executive. The AAO concluded that the record, supplemented on appeal, sufficiently established the Beneficiary's executive capacity abroad through detailed duty descriptions, organizational charts, and evidence of executive-level tasks. The Director is instructed to re-evaluate the U.S. employment in light of the correct executive definition.
Evidence
Evidence Submitted
- detailed duty description for the Beneficiary describing specific executive-level duties performed abroad
- sufficient organizational chart
- credible subordinate duty descriptions
- supporting documentation reflecting performance of qualifying executive-level tasks and direction of subordinate management abroad
- supporting documentation for U.S. subordinates, including emails and state quarterly tax documentation related to operations
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-29.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 1 / 1
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
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