L-1A Dismissed — Business Process Outsourcing (2011): did not establish the beneficiary was employed by the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a qualifying managerial or executive capacity, or that the beneficiary would be employed in the U.S. in a primarily managerial or executive capacity. The director concluded that the beneficiary's described duties demonstrated direct client interaction and day-to-day operational tasks rather than primarily managerial functions.

Criteria Discussed

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