dismissed EB-1C Case: Business Management
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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 managerial or executive capacity. The petitioner did not provide sufficient evidence, such as a detailed job description with time allocations and an organizational chart, in response to the director's Request for Evidence (RFE). The AAO declined to consider new evidence submitted on appeal, stating that eligibility must be established at the time of filing based on the record before the director.
Criteria Discussed
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