EB-1C Dismissed — Gaming Technology (2020): did not establish the beneficiary was employed primarily in

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in a managerial capacity abroad. The evidence, including an employment contract, indicated the beneficiary's duties were largely operational, such as providing direct technical support and installing devices, rather than managing an essential function or personnel. The record did not demonstrate that the beneficiary was relieved from performing the non-qualifying, operational tasks of the function he purportedly managed.

Criteria Discussed

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