EB-1C Dismissed — Information Technology (2019): 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 petitioner claimed the beneficiary would serve as a 'function manager' but failed to consistently and clearly define the essential function to be managed. The evidence was insufficient to prove the beneficiary would primarily manage a core function at a senior level, as opposed to performing operational tasks.

Criteria Discussed

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