EB-1C Dismissed — Oil And Gas Engineering (2014): did not establish the beneficiary was employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executive capacity abroad and would be employed in a similar capacity in the U.S. The director's denial was also based on a finding of fraud or willful misrepresentation, citing contradictory evidence such as the beneficiary's nonimmigrant visa application and prior admission as an L-1B specialized knowledge worker, which undermined the claims of managerial employment.

Criteria Discussed

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