EB-1C Dismissed — Import/Export (2013): 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 qualifying managerial or executive capacity. The director and the AAO were not persuaded that the company's staffing level, which fluctuated, could support the beneficiary in a primarily managerial or executive role without them performing non-qualifying operational tasks.

Criteria Discussed

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