All Cases
2 cases · 1 approved / sustained · 0 denied / dismissed · 1 remanded
Software Engineer
Information Technology
USCIS EB-1C sustained
2025-04-14
The appeal was sustained because the Petitioner provided sufficient evidence to demonstrate an ongoing qualifying relationship with the foreign entity. The Petitioner also successfully proved its financial ability to pay the proffered wage as required by 8 C.F.R. § 204.5(g)(2). The AAO concluded the Petitioner met the burden of proof by a preponderance of the evidence.
Director
Information Technology
USCIS EB-1C rfe remanded
2024-09-10
The AAO withdrew the Director's decision because it was based almost exclusively on the Beneficiary being the Petitioner's sole U.S. employee at the time of filing, without adequately considering other evidence. The Director failed to analyze the Beneficiary's submitted job description, the Petitioner's descriptions of its business and client services function, the group's global organizational chart, and evidence of offshore employees working on U.S. contracts. Additionally, the AAO noted that the record lacked sufficient evidence to demonstrate the Beneficiary's foreign employment in a managerial or executive capacity for the required period, specifically regarding the organizational structure and staffing of the foreign affiliate between 2016 and 2018.