dismissed
EB-1C
dismissed EB-1C Case: Hotel Management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's position qualified as a primarily managerial capacity. The director revoked the initial approval, noting that the beneficiary supervised non-professional staff, making her a first-line supervisor rather than a manager under the statute. The petitioner's rebuttal that the beneficiary managed an essential function was insufficient to overcome this determination.
Criteria Discussed
Managerial Capacity Supervision Of Professional Employees Management Of An Essential Function First-Line Supervisor
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