EB-1C Dismissed — Architecture (2013): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive capacity. Although the director's concern about the company 'doing business' was withdrawn, the petitioner did not successfully argue the primary issue. The AAO concluded that the beneficiary's proposed duties as president and chief designer for a small four-person company would likely involve performing the day-to-day operational and design tasks of the business, rather than primarily managing the enterprise.

Criteria Discussed

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