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remanded EB-1C RFE Issued

Software Development Manager

Software To The Airline Industry · India · 2025-03-04

Decision Date
2025-03-04
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 3 criteria met
Qualifying Relationship (Met)

The AAO found that the Beneficiary's employment in India for the Petitioner's affiliate, while on the U.S. entity's payroll, satisfied the requirement of working for the 'same employer' or a related entity abroad, as contemplated by the statute and regulations.

Foreign Employment Duration (Met)

The AAO determined that the Beneficiary's 2022-2023 employment took place while she was physically outside the United States, fulfilling the 'employed outside the United States for at least one year' requirement, despite being paid by the U.S. entity. The AAO clarified that being on the U.S. entity's payroll while physically working abroad for an affiliate does not disqualify the foreign employment.

Managerial Capacity (Not Met)

The Director initially denied this criterion, and the AAO remanded the case for a determination on the merits of whether the Beneficiary's employment abroad meets the requirements of a managerial capacity, indicating it has not yet been definitively met.

Why This Petition Was Remanded

The AAO withdrew the Director's decision, finding that the Petitioner established its ability to pay the proffered salary of $142,088 per year through consolidated tax returns showing sufficient net current assets and proof of salary payments, also considering a merger that combined assets. The AAO also determined that the Beneficiary's employment in India, even while on the U.S. entity's payroll, constituted qualifying employment abroad under the statute and regulations, as the key factor is physical presence outside the U.S. and working for the 'same employer' or a related entity. The matter was remanded for a determination on the merits of the managerial capacity claim.

Request for Evidence (RFE)

Successfully Addressed

The RFE questioned the Beneficiary's foreign employment duration, citing evidence suggesting U.S. work since 2017. The Petitioner clarified that the Beneficiary was physically stationed in India, working for an affiliate, despite being paid by the U.S. entity.

RFE Targets
Foreign Employment Duration

Evidence

Evidence Types
Tax Returns
Payroll Records
Reference Letters Dependent
Internal Communications
Performance Reviews
Evidence Submitted
  • letter from senior vice president detailing duties and subordinates
  • email messages
  • performance reviews

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-04.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 2 / 3
Evidence Types 5

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

EB-1C Overview EB-1C in India All EB-1C Cases EB-1C Dashboard

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