EB-1C Dismissed — Metal Recycling (2014): did not establish the beneficiary's proposed U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position would be primarily in a qualifying managerial or executive capacity. The director noted that the petitioner's staffing levels, which included part-time and seasonal workers, did not appear sufficient to relieve the beneficiary from performing non-qualifying day-to-day tasks. The AAO also noted significant inconsistencies in the record that were not adequately explained.

Criteria Discussed

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