EB-1C Dismissed — Retail (2017): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacity. The AAO found the description of the beneficiary's duties to be vague and to include non-qualifying operational tasks. Given the small size of the business (two gas stations), the petitioner did not demonstrate that the beneficiary would be relieved from performing the day-to-day, non-executive functions of the enterprise.

Criteria Discussed

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