sustained EB-1C Case: Scrap Metal Export
Decision Summary
The director denied the petition, concluding the beneficiary would not be employed in a managerial/executive capacity and that a qualifying relationship with the foreign employer was not established. The AAO sustained the appeal, finding that the non-qualifying duties were only a small part of the beneficiary's role and that evidence submitted on appeal regarding a subsequent stock purchase successfully proved the parent-subsidiary relationship.
Criteria Discussed
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