dismissed
EB-1C
dismissed EB-1C Case: Software Development
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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
Executive Capacity Managerial Capacity Staffing Levels Organizational Structure
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