sustained
EB-1C
sustained EB-1C Case: Laser Manufacturing
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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
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