L-1A Dismissed — Bee Industry (2008): did not establish the beneficiary's employment with the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment with the foreign entity was primarily in a managerial or executive capacity. The evidence submitted, including organizational charts, showed the beneficiary supervised only one assistant and no other subordinate sales staff, suggesting the beneficiary was not relieved from performing the day-to-day, non-qualifying duties of the operation.

Criteria Discussed

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