L-1A Dismissed — Food Manufacturing (2008): did not establish the beneficiary would be employed by the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed by the U.S. entity in a primarily managerial or executive capacity. Despite the petitioner's assertions and submission of additional evidence, the AAO upheld the director's conclusion that the proposed duties did not meet the statutory definitions for a qualifying role.

Criteria Discussed

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