EB-1C Dismissed — Construction (2018): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacity in the United States. Although the AAO withdrew the finding that the beneficiary was not employed in a qualifying capacity abroad, it found that the proposed U.S. duties included significant non-managerial tasks, such as balancing accounts, selecting materials, drafting contracts, and acting as a salesman, which are inconsistent with a primarily managerial role.

Criteria Discussed

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