EB-1C Dismissed — Restaurant (2015): did not establish the beneficiary's employment abroad and

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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