L-1A Dismissed — Agricultural Machinery (2006): 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 concluded that the description of duties, which included tasks like evaluating prototypes and meeting personally with farmers, did not demonstrate that the beneficiary was relieved from performing the day-to-day, operational tasks of the business, despite having some subordinate staff.

Criteria Discussed

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