EB-1C Dismissed — Computer Software Services (2018): the Director initially denied the petition on two grounds:

Decision Summary

The Director initially denied the petition on two grounds: failure to establish that the beneficiary would be employed in an executive capacity, and failure to prove an ability to pay the proffered wage. Although the petitioner submitted evidence on appeal that satisfied the ability-to-pay requirement, the appeal was ultimately dismissed because the petitioner did not demonstrate that the beneficiary would primarily perform qualifying executive duties rather than the day-to-day operational tasks necessary to run the business.

Criteria Discussed

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