EB-1C Dismissed — Business Consulting (2011): did not establish the beneficiary would be employed in a

Decision Summary

The director denied the petition for failing to establish that the beneficiary would be employed in a qualifying managerial or executive capacity and that the petitioner could pay the proffered wage. While the AAO found the petitioner submitted sufficient evidence to overcome the ability-to-pay issue, the appeal was ultimately dismissed because the petitioner did not establish that the beneficiary's proposed duties would be primarily managerial or executive in nature.

Criteria Discussed

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