L-1A Dismissed — Gem Import (2005): 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. The director concluded that the beneficiary, as the sole U.S. employee, was primarily performing the day-to-day operational and sales duties of the organization, and any managerial or executive duties were only incidental to these non-qualifying tasks.

Criteria Discussed

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