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

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 director found the petitioner's U.S. entity, with only five employees, lacked the necessary organizational complexity to support the beneficiary in a purely managerial or executive role. The AAO agreed, concluding that the petitioner did not overcome the finding that the beneficiary's job duties were not sufficiently described to prove a primarily managerial or executive function.

Criteria Discussed

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