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The Administrative Appeals Office (AAO) sustained the appeal, finding that the plain language of the statute and USCIS Policy Manual allows for a beneficiary to be employed abroad by the U.S. petitioner within a qualifying multinational organization. The AAO concluded that the principal focus is on the continuity of employment within the same multinational organization, and there is no prohibition on transferring an overseas-based employee directly employed by a U.S. petitioner. The Beneficiary was continuously employed within the Petitioner's multinational organization for at least one year preceding his U.S. entry.

Upon de novo review, the AAO concluded the Petitioner established by a preponderance of the evidence that the Beneficiary was employed abroad as a function manager. The Petitioner submitted sufficient evidence to establish that the Beneficiary managed the foreign employer's essential search and rescue department accounting for a significant portion of its operations abroad. The Petitioner further demonstrated on appeal that the Beneficiary was employed in a senior position and primarily relieved from non-qualifying operational duties by a subordinate chief flight instructor and several other subordinate flight instructors providing search and rescue training to military, police, and civilian clients. The Petitioner sufficiently established that the Beneficiary was employed abroad as a function manager and is eligible for the benefit sought.