EB-1C Dismissed — Food Service: 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 in the U.S. The director found that the company's small staff, with only part-time subordinate employees, meant the beneficiary would be required to perform the day-to-day operational functions of the pizza restaurant rather than primarily managerial tasks.

Criteria Discussed

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