Dismissed
EB-1C
EB-1C Dismissed — Software Engineering (2021): 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 executive capacity in the United States. The record contained unresolved inconsistencies regarding the petitioner's business operations and staffing, and lacked credible evidence of sufficient employees or contractors to relieve the beneficiary from performing non-qualifying operational tasks.
Criteria Discussed
Employment In A U.S. Executive Capacity Employment Abroad In A Managerial Or Executive Capacity Organizational Structure And Staffing Levels
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