EB-1C Dismissed — Restaurant (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 qualifying managerial capacity. The director determined, and the AAO agreed, that the beneficiary's proposed duties were those of a first-line supervisor overseeing non-supervisory, non-professional employees, rather than a manager as defined by the statute.

Criteria Discussed

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