Dismissed
EB-1C
EB-1C Dismissed — Electrical Contracting (2023): did not establish the beneficiary was employed abroad in a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capacity. The Director found, and the AAO agreed, that the beneficiary's role as a site supervisor did not primarily involve managing supervisory, professional, or managerial employees, as his subordinates were operational staff like electricians and equipment operators.
Criteria Discussed
Employment Abroad In A Managerial Capacity Definition Of Managerial Capacity Under Ina 101(A)(44)(A) Supervision Of Other Supervisory, Professional, Or Managerial Employees Whether Duties Are Primarily Managerial Vs. Operational
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