EB-1C Sustained — Semiconductor Manufacturing (2011): 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 was employed abroad and would be employed in the United States in a qualifying managerial or executive capacity. Upon review, the AAO found that the petitioner had provided sufficient evidence to establish that the beneficiary's roles, both past and proposed, were indeed in a qualifying capacity, thus meeting the preponderance of the evidence standard.

Criteria Discussed

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