L-1A Dismissed — Audio Systems Distribution: 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 found, and the AAO agreed, that the company's small size (employing only one or two other individuals) did not demonstrate the organizational complexity necessary to support a full-time manager. The evidence suggested the beneficiary would be performing the day-to-day operational services of the organization rather than primarily managing other employees or a key function.

Criteria Discussed

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