Dismissed
EB-1C
EB-1C Dismissed โ Restaurant And Cargo: 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 director determined, and the AAO affirmed, that the petitioner's organizational structure lacked the complexity to support such a position, indicating the beneficiary would likely perform non-qualifying, day-to-day operational tasks and act as a first-line supervisor of non-professional employees.
Criteria Discussed
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
๐ Original decision (USCIS PDF)
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