EB-1C Dismissed — Corporate Management (2011): did not establish the beneficiary had the requisite

Decision Summary

The appeal was dismissed because the petitioner failed to establish the beneficiary had the requisite employer-employee relationship with the foreign entity. An independent consulting agreement explicitly stated the beneficiary was a consultant, not an employee, and the petitioner's assertions to the contrary were not supported by independent objective evidence. A second ground for denial was the petitioner's failure to establish that the beneficiary would be employed in the U.S. in a qualifying managerial or executive capacity.

Criteria Discussed

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