EB-1C Dismissed — Food Products (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO concluded that in a small, five-person company, the beneficiary would likely be performing non-qualifying, operational tasks necessary for the day-to-day running of the business, rather than primarily directing the management or managing an essential function.

Criteria Discussed

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