EB-1C Dismissed — Used Automobile Sales (2007): did not establish the beneficiary's employment, both abroad

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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