EB-1C Dismissed — Dental Equipment: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The evidence, including payroll records showing the beneficiary as the sole employee for a period, indicated that the beneficiary's duties were not primarily managerial, and the petitioner's proposed staffing levels had not been achieved.

Criteria Discussed

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