EB-1C Sustained — Software Development: the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO sustained the appeal because the petitioner, on appeal, provided sufficient evidence, including detailed job descriptions for the beneficiary and his subordinates, to demonstrate the beneficiary's duties satisfy the criteria of a manager, specifically a senior-level function manager.

Criteria Discussed

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