EB-1C Dismissed — Commerce (2010): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying managerial or executive capacity. The director found that the job description was vague and the limited support staff was insufficient to relieve the beneficiary from performing non-qualifying, operational tasks, a conclusion with which the AAO agreed.

Criteria Discussed

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