EB-1C Dismissed — Sales And Marketing (2012): 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 director found the submitted job description was overly general, and the evidence of staffing did not support the claim that the beneficiary's duties would be primarily managerial. Additionally, the director determined the petitioner did not sufficiently prove it was actively 'doing business' in the U.S. as required, but rather functioned as a passive arm for the foreign entity.

Criteria Discussed

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