EB-1C Dismissed — Marketing (2010): 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 director noted the petitioner did not appear to be doing business and had no employees for the beneficiary to oversee, meaning the beneficiary would be required to perform daily operational tasks. The AAO agreed that the petitioner did not show it was adequately staffed to relieve the beneficiary from performing non-qualifying duties.

Criteria Discussed

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