EB-1C Dismissed — Retail And Import (2022): did not establish the Beneficiary would be employed

Decision Summary

The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed primarily in an executive capacity. The Petitioner provided inconsistent evidence regarding its staffing levels and did not demonstrate that its staff was adequate to relieve the Beneficiary from performing the non-executive duties of the business.

Criteria Discussed

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