L-1A Dismissed — Construction Materials (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive or managerial capacity. The director found that the beneficiary would be primarily involved in performing the day-to-day operational services of the business, as there was insufficient evidence of a subordinate staff of professional or managerial personnel to relieve the beneficiary of such duties.

Criteria Discussed

Sign up free to download the original PDF