EB-1C Dismissed — Flooring (2008): 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 AAO found that the beneficiary's described duties included many non-qualifying operational tasks, and it rejected evidence of new employees hired after the petition's filing date, affirming that eligibility must be proven at the time of filing.

Criteria Discussed

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