EB-1C Dismissed — Garment Trade (2018): 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 submitted job description was vague and corresponded to a staffing arrangement that did not exist when the petition was filed, and the company's overall staffing was insufficient to relieve the beneficiary from performing operational duties.

Criteria Discussed

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