L-1A Dismissed — Furniture And Exercise Equipment Sales (2005): 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's denial focused on the beneficiary's duties in relation to the small size and limited staffing of the U.S. company, which consisted of only two other employees. The evidence did not sufficiently demonstrate that the beneficiary would be relieved from performing the day-to-day operational tasks of the business.

Criteria Discussed

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