L-1A Dismissed — Financial Services (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 as required. Despite the beneficiary's high-level title, the description of duties included day-to-day operational and administrative tasks, rather than primarily directing the organization or managing other professional staff. The petitioner's small size and staffing level did not support the claim that the beneficiary would be relieved from performing the services of the business.

Criteria Discussed

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