EB-1C Dismissed — Packaging (2016): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The Director questioned the beneficiary's proposed duties and noted a discrepancy between the two employees listed on the petition and the larger staff shown on an organizational chart. The petitioner's response, which detailed the beneficiary's duties as 85% sales management, did not sufficiently demonstrate that the role was primarily managerial rather than operational.

Criteria Discussed

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