EB-1C Dismissed — Sales And Distribution (2013): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The AAO agreed with the director that the petitioner's small staff was insufficient to support the beneficiary in a primarily executive role, questioning whether she would be relieved from performing non-qualifying, day-to-day operational tasks. Discrepancies in wage reports further undermined the petitioner's claims about its staffing size.

Criteria Discussed

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