EB-1C Dismissed — Agricultural Equipment: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The petitioner did not provide sufficient evidence of a support staff to relieve the beneficiary from performing non-qualifying, operational tasks. The assertion that the beneficiary was a 'function manager' was also unsubstantiated, as the petitioner failed to demonstrate that the beneficiary would primarily manage the function rather than perform the duties related to it.

Criteria Discussed

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