dismissed
EB-1C
dismissed EB-1C Case: Business Management
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that it employed the beneficiary in a qualifying managerial or executive capacity at the time of filing. The director noted that the petitioner lacked the requisite support staff, as evidenced by its 2008 W-2 forms, which would be necessary to relieve the beneficiary from primarily performing non-qualifying operational duties.
Criteria Discussed
Managerial Capacity Executive Capacity Staffing Levels
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