EB-1C Dismissed — Wholesale Diamond Sales (2009): the petitioner failed to overcome the director's findings

Decision Summary

The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity, as the duties described appeared to be direct sales and account management. Additionally, the petitioner failed to prove a qualifying relationship existed between the U.S. company and the beneficiary's prior foreign employer.

Criteria Discussed

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