EB-1C Dismissed — Marketing Services (2015): 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's initial denial was based on this failure, and the petitioner's appeal did not overcome this finding. The evidence, including an organizational chart showing that all key subordinate positions were yet to be hired, suggested the beneficiary would be performing day-to-day operational tasks rather than primarily managing the organization.

Criteria Discussed

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