dismissed EB-1C Case: Business Consulting
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacity in the U.S. While the AAO found sufficient evidence of the beneficiary's qualifying executive role abroad, it agreed with the Director that there were significant and unresolved inconsistencies regarding the U.S. company's staffing levels, making it impossible to determine if the beneficiary would be relieved from performing non-qualifying day-to-day operational tasks.
Criteria Discussed
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