dismissed EB-1C Case: Software Engineering
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Decision Summary
The appeal was dismissed because the petitioner did not establish that the beneficiary's proposed U.S. position would be primarily in a managerial capacity. While the AAO withdrew the Director's finding of willful misrepresentation, it affirmed the denial because the evidence was insufficient to prove that the beneficiary would primarily manage other employees or an essential function, rather than performing the day-to-day tasks of the function.
Criteria Discussed
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