L-1A Dismissed — Elder Care: 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 concluded, and the AAO agreed, that the evidence did not sufficiently demonstrate that the beneficiary's role consisted of high-level oversight rather than performing the day-to-day tasks necessary to operate the residential care facility.

Criteria Discussed

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