dismissed
EB-1C
dismissed EB-1C Case: Produce Distribution
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
Managerial Capacity Executive Capacity Ability To Pay Proffered Wage
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