EB-1C Sustained — Construction And Property Management (2012): did not establish the beneficiary worked in a qualifying

Decision Summary

The director denied the petition for failing to establish that the beneficiary worked in a qualifying managerial or executive capacity abroad and would do so in the U.S. The AAO sustained the appeal, finding that a comprehensive analysis of the organizational structure and staffing of both entities showed they were sufficiently complex to support the beneficiary's managerial role. Despite shortcomings in the job descriptions, the record demonstrated the beneficiary supervised professionals and was relieved from daily non-qualifying tasks, meeting the preponderance of the evidence standard.

Criteria Discussed

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