EB-1C Dismissed — Retail (2013): 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 primarily managerial or executive capacity. The evidence, including the small number of subordinate staff and their operational roles, suggested that the beneficiary would be required to perform many of the non-managerial, day-to-day tasks of the retail business, rather than primarily directing the organization.

Criteria Discussed

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