dismissed EB-1C Case: Import/Export
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Decision Summary
The appeal was dismissed because the petitioner failed to establish two grounds. First, it did not prove that the beneficiary would be employed in a qualifying managerial or executive capacity, as the job description did not sufficiently separate high-level duties from the day-to-day operational tasks of the business. Second, it failed to establish that the beneficiary was a true "employee" of the foreign entity and would be an employee of the U.S. petitioner.
Criteria Discussed
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