EB-1C Sustained — Diving Equipment Wholesale (2019): the AAO found that the Director made critical factual

Decision Summary

The appeal was sustained because the AAO found that the Director made critical factual errors and did not properly review the evidence. The Director misinterpreted the petitioner's staffing structure and erroneously applied the legal definition of managerial capacity to the Beneficiary's subordinates, rather than to the Beneficiary's proposed role.

Criteria Discussed

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