EB-1C Dismissed — Commercial Plumbing Distribution (2012): did not establish the beneficiary's proposed employment in

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qualifying managerial or executive capacity. The AAO noted that eligibility must be established at the time of filing and could not consider new job duties that had 'evolved' since the petition was filed. The initially provided job description was deemed too broad and general to prove the beneficiary's role was primarily managerial.

Criteria Discussed

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