EB-1C Dismissed — Retail: the appeal was ultimately dismissed because the petitioner

Decision Summary

The appeal was ultimately dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. Although a motion to reopen was granted, the underlying petition remained denied as the evidence, including conflicting organizational charts and low wages for subordinate employees, did not sufficiently support the claim that the beneficiary's role was primarily managerial.

Criteria Discussed

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