sustained EB-1C Case: Aircraft Maintenance
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Decision Summary
The appeal was sustained because the AAO determined that the U.S. petitioner and the beneficiary's foreign employer can be the same legal entity. The Director had denied the petition, arguing the beneficiary was employed directly by the U.S. petitioner while abroad, but the AAO clarified that the statute allows for a beneficiary to continue services for the 'same employer,' fulfilling the requirement for a qualifying relationship within a multinational organization.
Criteria Discussed
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