EB-1C Sustained — Computer Software (2014): the director denied the petition, concluding the

Decision Summary

The director denied the petition, concluding the beneficiary was not employed abroad in a qualifying managerial capacity, citing non-qualifying duties and the beneficiary's U.S. entry on an H-1B visa. The AAO sustained the appeal, finding that a review of the total record, including the organizational structure and supervised personnel, showed the beneficiary's non-qualifying tasks were incidental and that he was primarily employed in a managerial capacity.

Criteria Discussed

Sign up free to download the original PDF