EB-1C Sustained — Advertising (2013): the initial denial was based on the belief that the

Decision Summary

The initial denial was based on the belief that the beneficiary performed too many non-qualifying operational tasks. The AAO sustained the appeal, finding that the director failed to properly consider the organizational structure and staffing levels. The AAO concluded that the U.S. and foreign entities were adequately staffed with professionals, which would allow the beneficiary to function primarily in a qualifying managerial capacity.

Criteria Discussed

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