EB-1C Dismissed — Scrap Recycling (2010): 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 and the AAO found the description of the beneficiary's duties and the company's organizational chart, which included many vacant positions, did not prove the role was primarily managerial rather than performing the day-to-day operational tasks of the business.

Criteria Discussed

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