EB-1C Dismissed — Health Food Supplements: 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. As the sole employee, the beneficiary's duties were found to be operational (sales, marketing, order processing) rather than primarily managerial, and the petitioner did not prove she would not be performing the services necessary to produce a product or provide a service.

Criteria Discussed

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