EB-1C Sustained — Automotive Manufacturing (2013): did not establish the beneficiary's employment abroad was

Decision Summary

The director denied the petition for failing to establish that the beneficiary's employment abroad was in a qualifying managerial or executive capacity. The AAO sustained the appeal, finding that the director improperly denied the case for lack of evidence that was never specifically requested in the RFE. Upon reviewing the totality of the record, the AAO concluded that the beneficiary was more likely than not employed abroad in a qualifying managerial or executive capacity.

Criteria Discussed

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