dismissed EB-1C Case: Sales And Distribution
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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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