EB-1C Sustained — Real Estate Management (2017): the initial denial was based on the lack of a qualifying

Decision Summary

The initial denial was based on the lack of a qualifying relationship between the U.S. petitioner and the foreign employer, a finding that was later withdrawn. The Director denied the petition a second time, concluding the beneficiary's U.S. employment was not in a qualifying managerial or executive capacity. The AAO sustained the appeal, finding that the record now contained sufficient evidence to overcome the Director's adverse decision.

Criteria Discussed

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