EB-1C Dismissed — Real Estate Management: did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in a managerial or executive capacity. The AAO found that the U.S. company was not sufficiently staffed, with only one other full-time employee, which would require the beneficiary to perform non-qualifying operational tasks. The petitioner did not establish eligibility at the time of filing, as many subordinate positions were vacant.

Criteria Discussed

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