EB-1C Sustained — Golf Products (2010): the director incorrectly analyzed the beneficiary's

Decision Summary

The appeal was sustained because the director incorrectly analyzed the beneficiary's position under the definition of 'managerial capacity' instead of the claimed 'executive capacity.' The AAO noted that for an executive role, the director placed undue emphasis on support staff. Furthermore, the AAO found the director's reliance on the beneficiary's proffered wage as an indicator of job duties was improper, as it is not supported by statute or regulation.

Criteria Discussed

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