dismissed EB-1C Case: Management
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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 director and AAO concluded that the petitioner's extremely limited support staff at the time of filing indicated the beneficiary would primarily perform non-qualifying operational tasks. The petitioner's own statement suggested that the beneficiary would only supervise junior personnel at some point in the future, confirming he would not be primarily engaged in managerial duties upon starting the role.
Criteria Discussed
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