EB-1C Sustained — Semiconductor Manufacturing (2008): the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The AAO sustained the appeal, concluding that the beneficiary's senior-level position, overseeing professional staff performing an essential function, qualified as a managerial role even though a superior held the highest-level position for that function.

Criteria Discussed

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