sustained EB-1C
Patent Agent
Seller Of Semiconductor Components, Systems, And Equipment · 2023-11-29
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
2 of 2 criteria metManagerial Capacity (Foreign) (Met)
The Beneficiary supervised professional subordinates and had the authority to recommend personnel actions as a personnel manager abroad.
Managerial Capacity (U.S.) (Met)
The Beneficiary manages an essential function (patent prosecution) at a senior level with discretionary authority over day-to-day operations.
Why This Petition Was Approved
The Petitioner established that the Beneficiary served as a personnel manager abroad by overseeing professional subordinates with bachelor's degrees and recommending personnel actions. Additionally, the Beneficiary qualifies as a function manager in the U.S. by managing the essential patent prosecution function and delegating tasks to outside counsel rather than performing the function himself.
Evidence
Evidence Submitted
- Patent Strategy Manager- Asia (Foreign Role)
- Overseeing thirteen patent leads, one patent engineer, and one patent administrative employee
- Authority to recommend personnel actions
- Senior employee within the U.S. patent prosecution and patent committee
- Delegation of tasks to outside patent counsel
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-11-29.
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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