sustained
EB-1C
sustained EB-1C Case: Semiconductor Manufacturing
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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
Managerial Capacity Executive Capacity Function Manager
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