EB-1C Dismissed — Food Distribution (2008): the motion to reconsider was granted, but the prior

Decision Summary

The motion to reconsider was granted, but the prior decision to dismiss the appeal was affirmed. The petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity, both in the proposed U.S. position and in the prior role abroad. The AAO found that the staffing levels at both the U.S. and foreign entities were insufficient to relieve the beneficiary from performing non-qualifying, operational tasks.

Criteria Discussed

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