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 prove that the beneficiary would be employed primarily in a managerial or executive capacity. The director and the AAO determined that for a small business with only two employees, it was not credible that the beneficiary would be relieved from performing the day-to-day non-managerial tasks of the business, such as marketing and sales.

Criteria Discussed

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