L-1A Dismissed — Construction Services: 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 determined that a company with only three employees did not demonstrate a need for an additional manager, and the petitioner failed to show that the beneficiary would primarily supervise other managers or professionals rather than performing the day-to-day operational tasks of the business.

Criteria Discussed

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