EB-1C Dismissed — Food Distribution (2013): did not establish the beneficiary's proposed employment

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment would be in a qualifying managerial or executive capacity. Although the director initially denied the petition for inability to pay the proffered wage, that finding was withdrawn. The final denial, which the AAO upheld, was based solely on the grounds that the petitioner did not prove the beneficiary's duties were primarily managerial or executive in nature.

Criteria Discussed

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