EB-1C Dismissed — Heavy Equipment Export (2018): did not establish the beneficiary's proposed U.S

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

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