L-1A Sustained — Wireless Communications (2019): the AAO found the Director incorrectly applied the

Decision Summary

The appeal was sustained because the AAO found the Director incorrectly applied the statutory definition of managerial capacity to the prospective subordinate positions. The AAO also clarified that the two job descriptions provided were not confusing as they were clearly labeled, and concluded that the Petitioner provided sufficient evidence to establish it will likely employ the Beneficiary in a qualifying capacity within one year.

Criteria Discussed

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