L-1A Dismissed — Food Production (2020): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity. Evidence, including emails and client letters, indicated the beneficiary was substantially involved in non-qualifying, operational duties such as direct client communication, providing samples, and sales. The petitioner did not adequately document what proportion of the beneficiary's duties were managerial versus operational.

Criteria Discussed

Sign up free to download the original PDF