L-1A Dismissed — Farm Equipment & Construction (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 concluded, and the AAO upheld, that the evidence did not sufficiently demonstrate that the beneficiary's duties were primarily managerial rather than performing the day-to-day operational tasks of the business, a key requirement for the L-1A classification.

Criteria Discussed

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