EB-1C Dismissed — Gas Station Operation (2013): 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 director determined that the petitioner's minimal staffing at its gas station would not be sufficient to relieve the beneficiary from performing the day-to-day operational tasks of the business, which are not primarily managerial or executive in nature.

Criteria Discussed

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