L-1A Dismissed — Computer Services (2005): the petitioner, structured as a sole proprietorship, is not

Decision Summary

The appeal was dismissed because the petitioner, structured as a sole proprietorship, is not a legal entity separate from the beneficiary and therefore does not qualify as a U.S. employer. Furthermore, the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity, as the submitted duties and organizational structure did not relieve the beneficiary from performing the day-to-day operational tasks of the business.

Criteria Discussed

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