Dismissed
EB-1C
EB-1C Dismissed — Import/Export (2013): did not establish the beneficiary was employed abroad or
Decision Summary
The motion was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S. in a qualifying managerial or executive capacity. The AAO found that the beneficiary's described duties consisted primarily of non-qualifying operational tasks, and the U.S. company lacked sufficient staff to relieve him from performing these day-to-day functions.
Criteria Discussed
Qualifying Managerial Capacity Qualifying Executive Capacity Employment Abroad In A Qualifying Capacity Sufficient Staffing To Relieve Beneficiary Of Non-Qualifying Duties Employer-Employee Relationship
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