sustained EB-1C Case: Retail
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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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