Manager

The appeal was dismissed because the Petitioner failed to establish a qualifying relationship with the Beneficiary's foreign employer. Despite claiming the U.S. entity was wholly owned by the foreign employer, the submitted evidence, including a company agreement, unanimous consent document, and IRS Forms 1120, contained discrepancies and lacked crucial details like capital contribution amounts and membership certificates, failing to sufficiently prove ownership and control.

The motion to reopen was dismissed because the Petitioner failed to establish that the Beneficiary would direct the management of the U.S. organization or a major component/function thereof, a key requirement for executive capacity under EB-1C. The Petitioner did not provide sufficient information about subordinate staff to demonstrate a management structure warranting executive supervision, and evidence like organizational charts, employee numbers, and payroll records contained material inconsistencies and lacked credibility. Although a qualifying relationship was established, it did not alter the outcome due to the unresolved executive capacity issue.