EB-1C Dismissed — Merchandising: 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 concluded that the petitioner's small staff of three employees was not adequately staffed to relieve the beneficiary from having to primarily perform non-qualifying, daily operational tasks. The AAO concurred with this finding.

Criteria Discussed

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