L-1A Dismissed — Food Processing Equipment (2007): 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 found, and the AAO agreed, that the beneficiary's described duties, coupled with the fact that the U.S. company employed only one other person (a secretary), indicated the beneficiary would be performing the day-to-day operational tasks rather than primarily managing the enterprise.

Criteria Discussed

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