EB-1C Sustained — Information Technology (2011): the director initially denied the petition, concluding the

Decision Summary

The director initially denied the petition, concluding the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The AAO sustained the appeal, finding that the record contained sufficient documentation to show the beneficiary would primarily oversee the work of other professionals and would not be primarily performing non-qualifying operational tasks.

Criteria Discussed

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