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's denial was based on the concern that given the small staff size of the two residential care facilities, the beneficiary was likely performing day-to-day operational tasks rather than primarily managerial duties.

Criteria Discussed

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