Remanded
EB-1C
EB-1C Remanded — Aviation And Tourism (2024): the Director applied an incorrect legal standard by
Decision Summary
The appeal was remanded because the Director applied an incorrect legal standard by requiring the beneficiary to supervise professional subordinates and oversee a complex organizational hierarchy to qualify as an executive. The AAO found that the petitioner had provided sufficient evidence on appeal regarding the foreign employment and instructed the Director to re-evaluate the proposed U.S. position using the correct statutory definition of 'executive capacity'.
Criteria Discussed
Employment Abroad In Managerial/Executive Capacity Prospective U.S. Employment In Managerial/Executive Capacity Definition Of Executive Capacity Organizational Structure Supervision Of Subordinates
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