EB-1C Sustained — Internet Services (2013): the director denied the petition, concluding the petitioner

Decision Summary

The director denied the petition, concluding the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial or executive capacity and that a valid employer-employee relationship existed. The AAO sustained the appeal, finding that the petitioner provided sufficient evidence, including a detailed job description, pay stubs, and an organizational chart, to prove the beneficiary's qualifying role and employment. The AAO also concluded that the director's focus on the common law definition of 'employee' was inappropriate for determining managerial or executive capacity.

Criteria Discussed

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