EB-1C Dismissed — Restaurant (2011): the AAO found that the director erred on three grounds,

Decision Summary

The AAO found that the director erred on three grounds, concluding that the petitioner did establish a qualifying relationship, that the foreign entity continues to do business, and that the U.S. petitioner had been doing business for one year. However, the appeal was ultimately dismissed based on the remaining issue: the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity.

Criteria Discussed

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