EB-1C Dismissed — Retail (2018): 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 a managerial or executive capacity in the United States. The evidence and job descriptions provided were inconsistent and included many non-qualifying, operational tasks, which did not support the claim that the beneficiary's role would be relieved from performing the day-to-day functions of the business.

Criteria Discussed

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