EB-1C Dismissed — Hotel Management (2005): did not establish the beneficiary's position qualified as a

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

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