EB-1C Dismissed — Restaurant Business (2023): 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 primarily managerial or executive capacity in the United States. The evidence, including the job description, indicated the Beneficiary would perform a mix of supervisory and non-qualifying operational tasks, and the Petitioner did not provide sufficient documentation about its staffing and organizational structure to show the Beneficiary would be relieved from such duties.

Criteria Discussed

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