Remanded
L-1A
L-1A Remanded — Software Engineering (2021): the Director denied the petition, concluding the petitioner
Decision Summary
The Director denied the petition, concluding the petitioner did not establish the beneficiary would be employed in an executive capacity, citing generic job descriptions for subordinates and an insufficient organizational structure. The AAO found that the Director incorrectly applied the definition of managerial capacity to the beneficiary's subordinates. The matter was remanded for a new decision based on a proper review of the evidence and legal standards.
Criteria Discussed
Executive Capacity Managerial Capacity Organizational Structure Subordinate Roles
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