EB-1C Dismissed — Construction Materials (2014): the appeal was dismissed for multiple reasons

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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