EB-1C Sustained — Technology (2019): the Director initially denied the petition, concluding the

Decision Summary

The Director initially denied the petition, concluding the petitioner failed to establish the beneficiary would be employed in a managerial or executive capacity, noting a change in the beneficiary's proffered position between the petition filing and the RFE response. The AAO sustained the appeal, finding that the change was a legitimate promotion to a substantially similar role and that the evidence, including detailed job descriptions and organizational structure, demonstrated the beneficiary would primarily perform qualifying managerial tasks in either position.

Criteria Discussed

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