sustained L-1A Case: Information Technology
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Decision Summary
The initial denial was based on the finding that the petitioner did not demonstrate the beneficiary would be employed in a managerial capacity, specifically by overseeing professional subordinates and being relieved of daily operational tasks. The appeal was sustained because the petitioner provided sufficient evidence showing the beneficiary would primarily oversee a staff of professional subordinates who would handle the non-managerial duties, thus qualifying him for a managerial role.
Criteria Discussed
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