EB-1C Dismissed — Restaurant And Retail (2023): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The director's denial was based on this failure, and the AAO, upon de novo review, upheld the decision, focusing on whether the beneficiary's proposed duties were primarily high-level management rather than day-to-day operational tasks.

Criteria Discussed

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