Dismissed
EB-1C
EB-1C Dismissed — Shoe Import/Export (2006): the appeal was dismissed and the petition ultimately denied
Decision Summary
The appeal was dismissed and the petition ultimately denied because the petitioner failed to establish several key requirements. Specifically, the record showed that both the U.S. and foreign entities had been inactive or dissolved for periods of time, breaking the continuous one-year 'doing business' requirement and the qualifying relationship. Furthermore, the petitioner did not persuasively demonstrate that the beneficiary was employed in a qualifying managerial or executive capacity abroad or that the proposed U.S. position would be primarily managerial or executive.
Criteria Discussed
Qualifying Relationship Between U.S. And Foreign Entities Petitioner'S Legal Structure And Eligibility To File Managerial Or Executive Capacity Of Beneficiary'S Proposed U.S. Role Beneficiary'S One Year Of Prior Employment In A Managerial Or Executive Role Petitioner'S Ability To Pay Proffered Wage Requirement For Both Entities To Be 'Doing Business' For At Least One Year
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