EB-1C Dismissed — Retail: 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. The director also found the petitioner had not demonstrated its ability to pay the proffered wage, and on appeal, the petitioner did not overcome the grounds for denial, particularly regarding whether the beneficiary's duties would be primarily managerial given the small staff size.

Criteria Discussed

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