L-1A Dismissed — Health Food (2009): 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 concluded that the U.S. entity, a new office, lacked sufficient staffing to relieve the beneficiary from performing the day-to-day operational tasks necessary to run the business.

Criteria Discussed

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