EB-1C Dismissed — Retail (2019): the motion to reopen and reconsider was dismissed because

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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