EB-1C Dismissed — Railroad Transportation (2006): did not establish the beneficiary's proposed role as a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role as a 'yardmaster' would be primarily managerial or executive in nature. The director found, and the AAO upheld, that the described duties—such as supervising yard crews, overseeing train movements, and coordinating traffic—were more characteristic of a first-line supervisor of non-professional employees rather than a manager qualifying under the statute.

Criteria Discussed

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