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Manufacturing · Australia

USCIS EB-1C rfe sustained
2024-10-11
The AAO sustained the appeal, finding that the plain language of the statute and regulations allows for direct employment of an 'unattached' foreign worker by a U.S. employer, provided all other eligibility requirements are met. The Beneficiary was continuously employed by the Petitioner's multinational organization for the required period in a managerial capacity, managing process engineering across U.S. and Asia sites with 75 direct and indirect reports. The Petitioner demonstrated the Beneficiary's role was primarily managerial, overseeing an essential function and exercising discretion over day-to-day operations.