L-1A Dismissed — Construction (2017): 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 executive capacity. The job descriptions provided were vague, merely paraphrased the statutory definition, and included non-qualifying operational and sales-related tasks. The Petitioner did not demonstrate that the Beneficiary would be relieved from performing the day-to-day functions of the business.

Criteria Discussed

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