EB-1C Dismissed — Real Estate Construction: 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 found, and the AAO agreed, that with only one other employee, the beneficiary's duties appeared to be more operational and directly involved in performing the services of the business rather than primarily managing the organization or other professional staff.

Criteria Discussed

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