dismissed EB-1C Case: Restaurant
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad and her proposed employment in the United States were in a qualifying managerial or executive capacity. The director noted a failure to demonstrate hiring and firing authority and found the job descriptions and organizational charts insufficient to prove the beneficiary would be primarily performing qualifying duties rather than day-to-day operational tasks.
Criteria Discussed
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