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 director and the AAO found that due to the petitioner's limited staffing, it was unlikely the beneficiary would be relieved from primarily performing non-qualifying, day-to-day operational tasks. Although the petitioner did successfully establish a qualifying corporate relationship on appeal, this was insufficient to overcome the deficiencies related to the beneficiary's proposed role.
Criteria Discussed
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