EB-1C Sustained — Software Development (2013): 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's employment abroad and proposed employment in the U.S. were in a qualifying managerial or executive capacity. The appeal was sustained because the petitioner submitted sufficient evidence of the organizational structures, demonstrating both entities were adequately staffed to relieve the beneficiary from performing daily operational tasks and confirming his role was primarily managerial.

Criteria Discussed

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