EB-1C Dismissed — Restaurant (2014): did not establish the beneficiary was employed abroad and

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the United States in a qualifying managerial or executive capacity. The job descriptions provided were insufficient to demonstrate that the beneficiary's duties were primarily managerial or executive, rather than performing the day-to-day operational tasks necessary to run the restaurant.

Criteria Discussed

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