EB-1C Dismissed — Retail (2009): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The petitioner provided a vague job description and, in response to a request for evidence, failed to provide a more detailed list of day-to-day duties. Furthermore, wage reports contradicted the organizational chart, indicating fewer employees than claimed, which undermined the assertion that the beneficiary would be relieved from performing non-qualifying operational tasks.

Criteria Discussed

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