dismissed EB-1C Case: Diesel Machinery Repair
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Decision Summary
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a qualifying managerial or executive capacity. The director and the AAO determined that the petitioner's small number of employees was insufficient to relieve the beneficiary from performing the non-qualifying, day-to-day operational duties of the business. Vague and insufficient descriptions of the beneficiary's and subordinates' duties further weakened the petitioner's claim.
Criteria Discussed
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