EB-1C Sustained — Electronic Parts (2011): the director denied the petition, finding the

Decision Summary

The director denied the petition, finding the organizational structure insufficient to relieve the beneficiary from performing non-qualifying duties and that salaries were too low. The AAO sustained the appeal, concluding that reliance on salary levels is not supported by statute and that the evidence demonstrated the beneficiary would primarily perform qualifying duties in a managerial or executive capacity within a sufficient organizational structure.

Criteria Discussed

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