EB-1C Dismissed — Retail (2014): 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 qualifying managerial or executive capacity. The petitioner provided inconsistent job descriptions and failed to demonstrate it had sufficient personnel to relieve the beneficiary from performing non-managerial tasks, evidenced by major discrepancies between the claimed number of employees and tax records. The AAO also found insufficient evidence of a qualifying relationship with the foreign entity.

Criteria Discussed

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