EB-1C Sustained — Food Marketing (2019): the Director incorrectly determined that the Petitioner had

Decision Summary

The appeal was sustained because the Director incorrectly determined that the Petitioner had not responded to a Request for Evidence (RFE). This error prevented the Director from reviewing crucial evidence which demonstrated that the Beneficiary was employed abroad in a qualifying executive capacity, supported by a managerial staff and a complex organizational structure.

Criteria Discussed

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