EB-1C Dismissed — Food Manufacturing (2006): 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 petitioner's claims regarding staffing levels were contradicted by its own payroll records, which showed far fewer employees than claimed, undermining the assertion that the beneficiary's role would not be primarily performing the day-to-day tasks. Additionally, the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities.

Criteria Discussed

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