EB-1C Dismissed — Retail (2015): 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 in the United States. The Director also found that the petitioner failed to establish the beneficiary was employed abroad in a qualifying capacity and that the petitioner had the ability to pay the proffered wage. The AAO upheld the denial, noting that the described duties did not appear to be primarily managerial or executive in nature, especially given the company's small size.

Criteria Discussed

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