dismissed EB-1C Case: Construction Materials
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Decision Summary
The appeal was dismissed for multiple reasons. The director initially denied the petition for failure to establish that the beneficiary was and would be employed in a primarily managerial or executive capacity. The director also found the petitioner failed to establish the beneficiary was a qualifying 'employee' of the foreign entity, which was a sole proprietorship owned by the beneficiary. Furthermore, the AAO discovered that the U.S. petitioning company's legal status was 'cancelled', raising questions about its ability to act as a qualifying employer.
Criteria Discussed
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