L-1A Dismissed — Clothing Sales And Marketing: 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 evidence suggested that the beneficiary would be involved in day-to-day operational tasks rather than primarily overseeing the work of other professional or managerial staff. The director questioned the number of employees available to relieve the beneficiary of non-qualifying duties, noting that three of the four claimed employees were not listed on the company's wage report.

Criteria Discussed

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