dismissed
EB-1C
dismissed EB-1C Case: Research And Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment with the foreign employer or for the U.S. entity had been or would be within a qualifying managerial or executive capacity. The AAO refused to consider new evidence submitted for the first time on appeal, as it was not provided in the initial filing or in response to the Request for Evidence (RFE).
Criteria Discussed
Qualifying Managerial Capacity Qualifying Executive Capacity Supervision Of Staff Primarily Managerial Duties Vs. Non-Qualifying Duties
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