L-1A Dismissed — Commercial Design (2017): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in an executive capacity. The submitted job description, while lengthy, did not sufficiently distinguish high-level executive duties from the day-to-day operational tasks necessary to run the business, and the evidence did not show adequate staffing to relieve the beneficiary of performing such operational duties.

Criteria Discussed

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