Dismissed
EB-1C
EB-1C Dismissed — Business (2012): did not establish the beneficiary would be employed in the
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualifying managerial or executive capacity. While the AAO found sufficient evidence for the beneficiary's prior foreign employment, the petitioner did not persuasively demonstrate that the proposed U.S. role would be primarily managerial and not involve performing daily operational tasks, especially given the concerns about a limited support staff.
Criteria Discussed
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Definition Of Managerial Capacity Definition Of Executive Capacity Performance Of Non-Qualifying Operational Tasks
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