dismissed EB-1C Case: Used Automobile Sales
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment, both abroad and in the proposed U.S. position, was primarily in a managerial or executive capacity. The petitioner admitted the beneficiary would dedicate 50% of his time to non-qualifying operational tasks. Additionally, the AAO found that the U.S. petitioner was a sole proprietorship, not a separate legal entity, and therefore not a qualifying organization to employ the beneficiary.
Criteria Discussed
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