L-1A Dismissed — Floral Design (2009): 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 beneficiary's proposed job duties not being primarily managerial, a point the petitioner contested by arguing undue emphasis was placed on the company's small size. The AAO upheld the denial, indicating the described duties were not consistent with a qualifying managerial or executive role.

Criteria Discussed

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