EB-1C Dismissed — Retail Management (2011): 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 evidence, including the job description and organizational charts, did not sufficiently prove that the beneficiary's duties would be primarily managerial or executive rather than performing the day-to-day operational tasks of the business. The petitioner's submitted documentation contained inconsistencies, particularly between the claimed organizational structure and the number of employees listed on quarterly wage reports.

Criteria Discussed

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