EB-1C Dismissed — Transportation (2018): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacity. The AAO found that inconsistencies in organizational charts and evidence of vacant key positions (e.g., sales) indicated that the beneficiary would likely be required to perform non-qualifying, operational duties, thus failing to meet the statutory requirements.

Criteria Discussed

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