remanded EB-1C Case: Aviation And Tourism
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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
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