EB-1C Dismissed — Retail (2017): did not establish two key requirements

Decision Summary

The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove it had been 'doing business' in the U.S. for at least one year prior to filing, as its store only opened for sales approximately 11 months before the petition was filed. Second, the petitioner did not sufficiently demonstrate that the beneficiary would be employed in a primarily managerial capacity, as opposed to performing operational tasks.

Criteria Discussed

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