sustained EB-1C
Chief Executive Officer (CEO)
Software And Payments Solutions Provider For Gyms And Health Clubs · United Kingdom · 2023-04-18
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
5 of 5 criteria metExecutive Capacity (Met)
The Beneficiary directs the management of a major component, establishes goals, and exercises wide latitude in decision-making.
Managerial Capacity (Met)
The Beneficiary manages subordinate executives and managers who oversee a large workforce.
Qualifying Relationship (Met)
The Petitioner and foreign entities are affiliates ultimately owned by the same Canadian parent corporation.
Foreign Employment Duration (Met)
The Beneficiary was employed abroad in an executive capacity for at least one year within the three years preceding U.S. transfer.
Organizational Structure (Met)
The organization has a complex global structure with multiple operating groups and portfolios supporting an executive role.
Why This Petition Was Approved
The Petitioner established that the Beneficiary directs a major component of the organization, establishes goals and policies, and exercises wide discretionary decision-making. The AAO noted the Beneficiary oversees executive and managerial staff, including portfolio managers and company presidents. Additionally, inconsistencies regarding foreign payroll were resolved, confirming the Beneficiary's prior executive employment abroad.
Evidence
Evidence Types
Reference Letters Dependent
Evidence Submitted
- Group CEO for Fitness (current role)
- Managing Director of United Kingdom affiliate (2011-2015)
- Portfolio Manager for Fitness Division (2015-2018)
- Supervision of portfolio managers, company presidents, and senior staff
- Authority over 300+ employees through subordinate managers
- Responsibility for pursuing acquisition opportunities
- Organizational charts depicting high-level reporting structure
Similar Cases
Chief Executive Officer (CEO)
Wholesale Trade
USCIS EB-1C rfe remanded
California 2025-03-04
The AAO withdrew the Director's decision and remanded the case for a new decision. The AAO found the Petitioner had established it was doing business for at least one year, contrary to the Director's finding. However, the AAO determined that the Director's analysis of the Beneficiary's executive capacity was insufficient, particularly regarding whether the Beneficiary's immediate subordinates constituted 'management' and the credibility of job descriptions.
Chief Executive Officer (CEO)
Manufacturing
USCIS EB-1C rfe remanded
2024-09-13
The AAO concluded that a qualifying relationship exists between the Petitioner and the foreign employer due to common sole ownership by the Beneficiary, despite the Petitioner's S-corporation tax status. The AAO found the Director erred by misinterpreting staffing changes as inconsistencies and failing to assess the Petitioner's staffing at the time of filing or the Beneficiary's proposed job duties to determine executive capacity. The matter was remanded for a new decision consistent with this analysis.
Chief Executive Officer (CEO)
Human Resources
USCIS EB-1C sustained
2022-01-05
The Petitioner provided detailed and credible duty descriptions showing the Beneficiary directs management and establishes broad organizational policies. Subordinate principals and their staff relieve the Beneficiary from non-qualifying operational tasks. The evidence successfully demonstrated executive capacity under Section 101(a)(44)(B) of the Act for both the U.S. and foreign positions.
Chief Executive Officer (CEO)
Wholesale Trade
USCIS EB-1C rfe remanded
2022-12-01
The AAO withdrew the Director's decision because it lacked sufficient analysis of the totality of the evidence, including the organizational structure and the role of contractors. However, the appeal could not be sustained because the Petitioner failed to establish eligibility at the time of filing, specifically regarding the actual duties of the Beneficiary and the staffing available to relieve him of non-executive tasks. The matter was remanded to allow the Director to issue a new RFE and for the Petitioner to provide updated evidence of its staffing and business activities.
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: 2023-04-18.
Browse all casesAt a Glance
Outcome sustained
Criteria Met 5 / 5
Evidence Types 1
EB-1C Case Data
Scraped Case Data
Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist