EB-1C Dismissed — Operations Management (2012): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States. The director found evidence suggesting the beneficiary was performing services for and being remunerated by a U.S. affiliate rather than the petitioner, thus questioning the required employer-employee relationship. The petitioner also failed to establish its ability to pay the beneficiary's proffered wage.

Criteria Discussed

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