EB-1C Dismissed — Investment Consulting (2009): 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 primarily managerial or executive capacity, and that the U.S. company is 'doing business' as defined in the regulations. The evidence, including a wage report showing only three employees, did not sufficiently detail the beneficiary's day-to-day tasks to prove the role was primarily high-level management rather than performing operational duties.

Criteria Discussed

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