EB-1C Sustained — Mergers And Acquisitions (2012): the director denied the petition, finding the petitioner

Decision Summary

The director denied the petition, finding the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capacity because the beneficiary's subordinates were not proven to be professional employees. The AAO sustained the appeal, finding that the record contained sufficient evidence to establish the professional nature of the subordinates and that the company was adequately staffed to relieve the beneficiary from performing non-qualifying operational tasks.

Criteria Discussed

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