EB-1C Dismissed โ Retail (2014): the petitioner failed to overcome the director's grounds
Decision Summary
The appeal was dismissed because the petitioner failed to overcome the director's grounds for revoking the petition. The AAO affirmed that the petitioner did not establish that the beneficiary would be employed in a qualifying managerial or executive capacity in the U.S., was employed in such a capacity abroad, or that a qualifying relationship existed between the U.S. and foreign entities. Specifically, the petitioner failed to provide a detailed job description or explain how the beneficiary would be relieved of performing non-qualifying, day-to-day operational duties given the company's small staffing structure.
Criteria Discussed
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