EB-1C Dismissed — Wholesale Trade (2008): 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. The director found the evidence, including the job description and organizational chart, insufficient to demonstrate that the beneficiary's duties would be primarily overseeing the organization rather than performing day-to-day operational tasks. Inconsistencies, such as the number of employees claimed versus the number shown on the organizational chart, also weakened the petitioner's case.

Criteria Discussed

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