EB-1C Dismissed — Gas Station/Convenience Store: 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 qualifying managerial or executive capacity. The decision highlighted significant inconsistencies in the evidence, such as conflicting organizational charts and a discrepancy between the number of employees claimed on the Form I-140 and the number reported on tax returns, which failed to demonstrate that the petitioner's staffing was sufficient to relieve the beneficiary from performing non-qualifying tasks.

Criteria Discussed

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