Senior Business Manager

The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial capacity for at least one year. The evidence provided, including job descriptions and an organizational chart, did not sufficiently distinguish the Beneficiary's role from other senior data scientists or demonstrate primary engagement in managerial duties over operational tasks. The RFE response also lacked specific details on time breakdown for duties and managerial authority over personnel.

The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary's subordinates, both in the U.S. and abroad, qualified as professional employees requiring a bachelor's degree, or as managers/supervisors. The evidence submitted on motion, including updated letters, organizational charts, and educational credentials, did not sufficiently establish the managerial capacity criteria, and some evidence was previously submitted or lacked corroboration. The motion to reconsider also failed to articulate why the Director's decision was based on an incorrect application of law or policy.

The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a managerial capacity. The record contained unresolved ambiguities regarding staffing, the Beneficiary's responsibilities, and the nature of day-to-day duties, indicating a significant portion of time would be spent on non-managerial operational tasks and first-line supervision of non-professional sales staff, which does not meet the statutory definition of managerial capacity.