EB-1C Dismissed — Investment (2017): the record was ambiguous as to which entity would employ

Decision Summary

The appeal was dismissed because the record was ambiguous as to which entity would employ the beneficiary, and the subsidiary lacked the ability to pay the proffered salary. Furthermore, the petitioner failed to provide a specific, detailed description of the beneficiary's duties to establish that the role would be primarily executive in nature, especially since the beneficiary was the petitioner's only employee.

Criteria Discussed

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