L-1A Dismissed — Food And Beverage (2017): the motion to reconsider was denied because the petitioner

Decision Summary

The motion to reconsider was denied because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO found the beneficiary's described duties, such as those related to expansion, were operational tasks performed by the beneficiary himself, not high-level direction of other employees or an essential function. The petitioner did not provide sufficient evidence to distinguish the beneficiary's role from ordinary operational activities.

Criteria Discussed

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