L-1A Dismissed — Computer Export (2005): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed primarily in a managerial or executive capacity. The AAO determined that with only two employees, it was not realistic for the beneficiary to avoid performing the day-to-day non-managerial tasks of the business, and the evidence indicated they would be primarily performing sales and marketing functions.

Criteria Discussed

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