EB-1C Dismissed — Retail (2001): 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 U.S. in a qualifying managerial or executive capacity. The petitioner provided a vague job description and failed to resolve inconsistencies between its claimed organizational structure, an organizational chart, and official wage reports. There was insufficient evidence to demonstrate that the beneficiary would primarily perform qualifying duties rather than the day-to-day operational tasks of the business.

Criteria Discussed

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