EB-1C Dismissed — Retail Sales (2011): the initial appeal was dismissed because the petitioner

Decision Summary

The initial appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a managerial or executive capacity, citing a deficient job description and lack of adequate support staff. The AAO also found the beneficiary did not meet the requirement of being employed abroad for the requisite period. The subsequent motion to reopen and reconsider was dismissed because it failed to introduce required new facts or demonstrate an incorrect application of law in the prior decision.

Criteria Discussed

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