L-1A Dismissed — Gemstone Wholesale (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found the description of duties insufficient to demonstrate that the beneficiary was relieved from performing the day-to-day operational tasks of the business, a critical component for qualifying under this visa category, especially for a small company.

Criteria Discussed

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