EB-1C Dismissed — Business (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 in the United States. Although the AAO withdrew the director's adverse finding regarding the beneficiary's employment abroad, it concluded that the U.S. company's staffing was insufficient to relieve the beneficiary from primarily performing non-qualifying, operational tasks.

Criteria Discussed

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