EB-1C Dismissed — Retail (2008): 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. The director determined, and the AAO agreed, that the submitted job description was too vague and the evidence did not sufficiently show that the company's staffing was adequate to relieve the beneficiary from performing the day-to-day operational tasks of the business.

Criteria Discussed

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