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1 cases · 0 approved / sustained · 1 denied / dismissed · 0 remanded

Operations Manager

Printing and Publishing

USCIS EB-1C rfe dismissed
2025-01-16
The motion to reconsider was dismissed because the Petitioner failed to establish that the Beneficiary would primarily perform managerial duties, either as a personnel manager or a function manager. For a personnel manager, the Beneficiary had only one direct subordinate, and evidence suggested a small portion of time was spent supervising this individual, with many stated duties being non-managerial operational tasks. The Petitioner did not provide supporting documentation to substantiate personnel authority, delegation of non-qualifying tasks, or wages paid to claimed subordinates. For a function manager, the Petitioner did not sufficiently substantiate that the Beneficiary would be primarily engaged in managing an essential function rather than performing it, with the Beneficiary still responsible for several apparent non-qualifying operational duties. The AAO concluded it was more likely the Beneficiary was performing non-qualifying operational tasks himself or alongside subordinates, thus not meeting the EB-1C criteria for managerial or executive capacity.