L-1A Dismissed — Construction/Design Consulting (2008): 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 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

Sign up free to download the original PDF