EB-1C Dismissed — Food Products (2005): the motion to reconsider was granted, but the previous

Decision Summary

The motion to reconsider was granted, but the previous decisions of the director and the AAO were affirmed, effectively dismissing the appeal. The petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO found that in a small five-person company, the beneficiary appeared to be performing non-qualifying operational tasks necessary for the business, rather than primarily high-level managerial or executive functions.

Criteria Discussed

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