EB-1C Dismissed — Apparel And Accessories (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director found, and the AAO agreed, that the beneficiary would be performing the non-managerial operational tasks of the business, noting inconsistencies in staffing levels and that the petitioner could not introduce new evidence on appeal to cure deficiencies in the original filing.

Criteria Discussed

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