EB-1C Dismissed — Medical Devices (2023): 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 primarily managerial capacity at the time of filing. The petitioner submitted conflicting evidence, including a job description that listed subordinate managerial positions that did not exist within the company. Subsequent evidence of a changed organizational structure could not retroactively establish eligibility.

Criteria Discussed

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