EB-1C Dismissed — Restaurant (2012): 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 or executive capacity. The AAO determined the beneficiary's described duties, which involved overseeing cooks and waiters and performing administrative tasks, were primarily non-qualifying and necessary for providing the petitioner's services, rather than being primarily managerial or executive in nature.

Criteria Discussed

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