EB-1C Dismissed — Distribution (2011): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found, and the AAO agreed, that with only one other employee, the beneficiary would likely be performing day-to-day operational tasks rather than primarily managerial or executive duties. The petitioner's arguments and reliance on an external distributor did not sufficiently prove that the beneficiary's role met the statutory definitions.

Criteria Discussed

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