EB-1C Dismissed — Diesel Machinery Repair (2013): did not establish the beneficiary would be employed in a

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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