L-1A Dismissed — Computer Accessories (2005): 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 director observed that the petitioner's staffing level was insufficient to support a primarily managerial role, as two of the beneficiary's three proposed subordinates had not yet been hired and the one existing subordinate was only part-time, which would not relieve the beneficiary from performing non-qualifying operational duties.

Criteria Discussed

Sign up free to download the original PDF