EB-1C Dismissed — Automobile Repair (2012): 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 qualifying managerial or executive capacity, as the job description was vague, inconsistent, and suggested the beneficiary would perform the core services of the business. The petitioner also failed to resolve conflicting evidence regarding the qualifying corporate relationship, with tax returns showing 100% ownership by the beneficiary while stock certificates indicated a different ownership structure.

Criteria Discussed

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