EB-1C Dismissed — Restaurant/Cargo: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity. Based on the organizational chart, the director concluded the petitioner lacks the organizational complexity to support such a position, and that the beneficiary would primarily act as a first-line supervisor of non-professional employees. The AAO affirmed the director's decision, finding the petitioner had not established eligibility.

Criteria Discussed

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