dismissed EB-1C Case: Retail
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Decision Summary
The motion to reopen and reconsider was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in a qualifying executive capacity. The AAO found the described duties and allocation of time to be unrealistic given the small scale of the petitioner's operation, a liquor store. The petitioner did not provide sufficient credible evidence to overcome the previous finding that the role involved non-qualifying day-to-day operational tasks rather than high-level executive functions.
Criteria Discussed
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