Director Of Infrastructure And General Services

The AAO withdrew the Director's decision because it was based almost exclusively on the Beneficiary being the Petitioner's sole U.S. employee at the time of filing, without adequately considering other evidence. The Director failed to analyze the Beneficiary's submitted job description, the Petitioner's descriptions of its business and client services function, the group's global organizational chart, and evidence of offshore employees working on U.S. contracts. Additionally, the AAO noted that the record lacked sufficient evidence to demonstrate the Beneficiary's foreign employment in a managerial or executive capacity for the required period, specifically regarding the organizational structure and staffing of the foreign affiliate between 2016 and 2018.

The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the matter, finding the Director erred by requiring the Beneficiary to supervise professional subordinates and oversee a 'complex' organizational hierarchy to qualify as an executive. The AAO concluded that the record, supplemented on appeal, sufficiently established the Beneficiary's executive capacity abroad through detailed duty descriptions, organizational charts, and evidence of executive-level tasks. The Director is instructed to re-evaluate the U.S. employment in light of the correct executive definition.