EB-1C Dismissed — Oil And Gas (2009): did not establish the beneficiary was employed abroad in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity, or that the proposed U.S. position would be in a qualifying capacity. The director determined the beneficiary's role, both past and proposed, was that of a first-line supervisor whose subordinates are not professional employees, and the petitioner did not successfully rebut this finding on appeal.

Criteria Discussed

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