EB-1C Dismissed — Retail (2012): did not establish the beneficiary would be employed in the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualifying managerial or executive capacity. While the AAO withdrew the director's finding regarding the foreign entity, it concluded the provided job description and organizational structure did not prove the beneficiary's duties would be primarily managerial rather than performing non-qualifying operational tasks necessary to run the retail business.

Criteria Discussed

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