EB-1C Sustained — Retail (2011): the AAO found that the petitioning entity was adequately

Decision Summary

The appeal was sustained because the AAO found that the petitioning entity was adequately staffed and sufficiently complex to relieve the beneficiary from primarily performing non-qualifying, operational tasks. Although the beneficiary might perform some non-managerial duties, the AAO determined that the primary portion of their time would be spent on qualifying managerial or executive functions, thus overcoming the director's grounds for denial.

Criteria Discussed

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