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 submitted an organizational chart that was inconsistent with its payroll records, and failed to resolve these discrepancies when requested. The low annual salaries reported for the beneficiary's purported subordinate managers suggested they were not full-time employees, which undermined the claim that the beneficiary would primarily perform qualifying managerial duties.

Criteria Discussed

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