EB-1C Sustained — Medical Devices (2020): the appeal was sustained after the petitioner submitted new

Decision Summary

The appeal was sustained after the petitioner submitted new evidence on a motion to reopen. The AAO found that the Director had erred by not considering the petitioner's foreign staff when evaluating the beneficiary's managerial role. Taking into account the entire multinational organization, the AAO concluded that the beneficiary would be primarily employed in a managerial capacity, overseeing essential functions and supervising other employees, thus qualifying for the visa.

Criteria Discussed

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