dismissed
EB-1C
dismissed EB-1C Case: Retail Sales
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Decision Summary
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The evidence, including the description of duties, organizational structure, and low wages paid to a small staff, failed to demonstrate that the beneficiary would primarily perform qualifying high-level tasks rather than day-to-day operational functions of the business.
Criteria Discussed
Managerial Capacity Executive Capacity Staffing Levels One Year Of Foreign Employment
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