sustained EB-1C Case: Technology
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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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