Sustained
EB-1C
EB-1C Sustained — Business Management (2010): the director denied the petition, finding the petitioner
Decision Summary
The director denied the petition, finding the petitioner failed to establish the beneficiary was employed abroad and would be employed in the U.S. in a qualifying managerial or executive capacity. The AAO sustained the appeal, concluding that additional evidence, including organizational charts, demonstrated that both the foreign and U.S. entities were adequately staffed with subordinate managers, which would relieve the beneficiary from primarily performing non-qualifying tasks.
Criteria Discussed
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Definition Of Managerial Capacity Definition Of Executive Capacity Organizational Structure And Staffing Levels
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