dismissed EB-1C Case: Construction Services
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the U.S. would be primarily managerial or executive in nature. The director found, and the AAO agreed, that the beneficiary's duties included significant operational and non-qualifying tasks, and the petitioner did not prove it had sufficient subordinate staff to relieve the beneficiary from performing the day-to-day functions of the enterprise.
Criteria Discussed
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