L-1A Sustained — Computer Programming (2011): the director denied the petition, concluding the

Decision Summary

The director denied the petition, concluding the beneficiary would not be employed in a primarily executive or managerial capacity. The petitioner appealed, arguing the director placed undue emphasis on the company's small size and that the beneficiary's duties as Chief Technology Officer were indeed executive. The AAO agreed with the petitioner and sustained the appeal.

Criteria Discussed

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