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

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO concurred with the director's finding that the description of duties was generic and included many tasks related to sales and marketing, which are not primarily managerial or executive functions. The small size of the U.S. office did not support the claim that the beneficiary would be relieved from performing day-to-day operational tasks.

Criteria Discussed

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