EB-1C Dismissed — Software Development (2019): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity in the United States. The AAO found significant inconsistencies in the evidence regarding the company's staffing levels, which cast doubt on whether sufficient subordinate staff existed to relieve the beneficiary from performing day-to-day operational duties.

Criteria Discussed

Sign up free to download the original PDF