EB-1C Dismissed — Sales (2013): did not establish the beneficiary worked in a qualifying

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary worked in a qualifying managerial or executive capacity abroad or would do so in the United States. The director found that the beneficiary's job duties, both past and proposed, would primarily consist of non-qualifying operational tasks rather than managerial functions. The evidence, including job descriptions and organizational charts, was insufficient to demonstrate that the beneficiary would be relieved from performing the day-to-day tasks of the business.

Criteria Discussed

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