dismissed L-1A Case: Construction/Design Consulting
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 found, and the AAO agreed, that the beneficiary appeared to be primarily performing the necessary day-to-day functions of the business, rather than managing the organization or its personnel, particularly given the lack of subordinate employees to handle such tasks.
Criteria Discussed
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