EB-1C Dismissed — Retail (2007): 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. Despite the title of general manager, the submitted job description and the company's small staff size suggested the beneficiary would be heavily involved in performing the day-to-day operational tasks of the business, such as sales and inventory, rather than primarily managing the organization or other professional employees.

Criteria Discussed

Sign up free to download the original PDF