EB-1C Dismissed — Retail Sporting Goods (2016): the motion to reopen was denied because the petitioner did

Decision Summary

The motion to reopen was denied because the petitioner did not provide sufficient new evidence to prove the beneficiary would be employed in a qualifying managerial or executive capacity. The AAO found that while the beneficiary held a high-level title, the company's small staff and vacant positions meant the beneficiary would likely spend the majority of their time performing non-qualifying, day-to-day operational tasks rather than primarily managerial or executive duties.

Criteria Discussed

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