EB-1C Dismissed — Wholesale Distribution (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. At the time of filing, the U.S. company had only one employee, which was insufficient to show that the beneficiary would be relieved from performing the non-qualifying, day-to-day tasks of the business.

Criteria Discussed

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