sustained EB-1C Case: Food Manufacturing And Distribution
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Decision Summary
The appeal was sustained because the AAO found that a comprehensive analysis of the organizational structure, managerial tiers, and staffing showed that other employees performed non-qualifying daily tasks. This allowed the beneficiary to be primarily employed in a qualifying managerial capacity both abroad and in the proposed U.S. role, meeting the preponderance of the evidence standard.
Criteria Discussed
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