dismissed EB-1C Case: Data Analytics
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position would be in a qualifying managerial capacity. The petitioner did not provide sufficient evidence, such as a complete organizational chart, to demonstrate that the beneficiary would manage a component of the organization, as opposed to a specific project. Furthermore, the petitioner did not prove that the beneficiary's subordinates were professional employees, as they failed to show that a baccalaureate degree was a minimum requirement for their positions.
Criteria Discussed
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