EB-1C Dismissed — Real Estate (2011): 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. The director found inconsistencies between the claimed organizational structure, which listed numerous subordinate employees, and the tax documents (Form 941 and W-2s) which showed only two employees, failing to prove the beneficiary would be relieved of non-qualifying duties.

Criteria Discussed

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