EB-1C Dismissed — Investment: did not establish two key requirements

Decision Summary

The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would be employed in a primarily managerial or executive capacity, as the described duties and small staff size suggested involvement in non-qualifying operational tasks. Second, the petitioner did not establish that the U.S. entity had been doing business for the required one-year period prior to filing the petition.

Criteria Discussed

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