L-1A Dismissed — Food Service (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. Given that the petitioner operates a single sandwich shop with only two other likely part-time employees, the AAO concluded that the beneficiary's role would involve performing the day-to-day operational tasks of the business, rather than primarily managerial or executive functions.

Criteria Discussed

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