EB-1C Dismissed — Oil And Gas Retail (2011): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying managerial or executive capacity. The director found the initial evidence insufficient, and despite the petitioner providing a job description, organizational chart, and a summary of duties on appeal, the evidence did not sufficiently distinguish the beneficiary's role from performing the day-to-day operational tasks of the business.

Criteria Discussed

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