L-1A Dismissed — Gem Sales (2003): 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 executive or managerial capacity. The director's denial was based on this issue, and on appeal, the petitioner did not successfully demonstrate that the beneficiary's duties rose to the level required by the statutory definitions of a manager or executive.

Criteria Discussed

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