L-1A Dismissed — Gemstones (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 denied the new office extension petition on these grounds, and the petitioner's subsequent appeal did not provide sufficient evidence to overcome the finding that the beneficiary's role was not sufficiently relieved from performing non-qualifying, day-to-day operational tasks.

Criteria Discussed

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