EB-1C Dismissed — Construction: 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 qualifying managerial or executive capacity, and also failed to establish its ability to pay the proffered wage. The AAO found significant inconsistencies in the submitted evidence, such as tax and wage documents, which misrepresented the company's actual staffing levels and undermined the claim that the beneficiary would primarily perform managerial duties.

Criteria Discussed

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