EB-1C Dismissed — Marketing And Business Development (2022): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacity. The AAO determined that the petitioner's staffing level, particularly a single business development manager, was insufficient to relieve the beneficiary from performing essential operational tasks, especially considering the company's high sales revenue. Furthermore, key evidence, such as service and sales agreements, was not in effect at the time of filing and thus could not be considered.

Criteria Discussed

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