dismissed L-1A Case: Clothing Sales And Marketing
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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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