dismissed
EB-1C
dismissed EB-1C Case: Cocoa Processing
Decision Summary
The motion to dismiss was dismissed because the petitioner failed to establish that the beneficiary's subordinates were supervisory, professional, or managerial, and therefore could not prove the beneficiary was more than a first-line supervisor. Additionally, the motion was procedurally deficient as it did not present new facts for a motion to reopen, did not identify a legal error for a motion to reconsider, and failed to include a required statement about judicial proceedings.
Criteria Discussed
Qualifying Managerial/Executive Capacity (Abroad) Qualifying Managerial/Executive Capacity (U.S.) Personnel Manager Vs. Function Manager First-Line Supervisor Motion To Reopen Requirements Motion To Reconsider Requirements
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