EB-1C Sustained — Diamond Tools (2012): the director initially denied the petition, finding that

Decision Summary

The director initially denied the petition, finding that the petitioner failed to establish the beneficiary was employed abroad or would be employed in the U.S. in a qualifying managerial or executive capacity. On appeal, counsel submitted additional detailed information regarding the beneficiary's roles and job duties, which successfully established the petitioner's statutory eligibility by a preponderance of the evidence.

Criteria Discussed

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