L-1A Dismissed — Agricultural Products (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner, a new office with the beneficiary as its sole employee, failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The evidence did not demonstrate that the beneficiary would be relieved from performing the day-to-day operational tasks necessary to run the business, as opposed to primarily managing the enterprise.

Criteria Discussed

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