L-1A Dismissed — Electrical Products (2005): 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 that the description of the beneficiary's duties lacked sufficient detail and noted that the company's wage reports, showing only three employees, contradicted the claim that the beneficiary supervised a larger staff. Therefore, it was concluded that the beneficiary's duties would primarily involve performing the day-to-day services of the business rather than managing other employees or an essential function.

Criteria Discussed

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