Sustained EB-1C

EB-1C Sustained โ€” Laser Manufacturing (2024): the AAO found that the Director erred in concluding that a

๐Ÿ“… 2024-10-11 ๐Ÿ‘ค Company ๐Ÿ“‚ Laser Manufacturing

Decision Summary

The appeal was sustained because the AAO found that the Director erred in concluding that a qualifying relationship requires the petitioner to have a physical office in the country where the beneficiary was employed. The AAO determined that the plain language of the statute allows a U.S. company to directly employ a beneficiary abroad and then transfer them as 'the same employer,' even without a foreign branch office.

Criteria Discussed

Qualifying Relationship One Year Of Foreign Employment Same Employer Requirement Managerial Or Executive Capacity
๐Ÿ“„ Original decision (USCIS PDF)

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