L-1A Dismissed — Flower Importation (2003): 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 director concluded the U.S. business had not expanded to a point where a full-time manager was required, and the beneficiary would likely spend most of their time on the day-to-day, non-managerial operations of the business rather than supervising other qualifying employees.

Criteria Discussed

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