dismissed EB-1C Case: Retail Sporting Goods
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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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