dismissed
EB-1C
dismissed EB-1C Case: Heavy Equipment Export
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position would be primarily in a managerial capacity. While the petitioner successfully established a qualifying relationship with the foreign employer on appeal, it did not provide sufficient evidence to demonstrate that the company's staffing levels would relieve the beneficiary from performing non-managerial, operational duties.
Criteria Discussed
Qualifying Relationship Managerial Capacity Staffing Levels Job Duties
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