sustained EB-1C
Senior Project Manager
Software Development And Services Company · India · 2023-01-12
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 metForeign Employment Duration (Met)
The Beneficiary accrued over three years of qualifying managerial experience in India prior to his initial U.S. entry, which was not interrupted by his subsequent U.S. service.
Why This Petition Was Approved
The AAO determined that the Beneficiary's period in L-1A status and temporary transfer back to the Indian subsidiary did not interrupt the continuity of employment within the multinational organization. The qualifying period was correctly calculated by reaching back to the period preceding his initial 2014 entry to the United States. Consequently, the Beneficiary satisfied the requirement of at least one year of foreign employment in a managerial capacity within the relevant three-year window.
Evidence
Evidence Submitted
- Employment by the Petitioner's Indian subsidiary in a managerial capacity (December 2010 - December 2014)
- Employment in the United States as an L-1A nonimmigrant intracompany transferee (December 2014 - September 2017)
- Employment with the Petitioner's Indian subsidiary (September 2017 - February 2018)
- Employment in the United States in L-1A status (February 2018 - June 2020)
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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: 2023-01-12.
Browse all casesAt a Glance
Outcome sustained
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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