EB-1C Dismissed — Aluminum Industry (2012): the director denied the petition, concluding the petitioner

Decision Summary

The director denied the petition, concluding the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The director specifically questioned the petitioner's ability to relieve the beneficiary from performing non-qualifying operational tasks due to a reduction in staffing. The appeal was dismissed, upholding the director's findings.

Criteria Discussed

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