EB-1C Dismissed — Produce Distribution (2006): 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 primarily managerial or executive capacity. Given the U.S. company's small size, with only two drivers as subordinate staff, the AAO concluded the beneficiary would likely perform non-qualifying operational tasks rather than primarily managing the enterprise. The director also noted unresolved issues regarding the petitioner's ability to pay the proffered wage.

Criteria Discussed

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