L-1A Dismissed — Herbal Medicine (2008): 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 evidence, including the job description and the beneficiary's resume, indicated her duties were primarily performing the hands-on services of the business, such as treating patients and prescribing medicine, rather than managing the organization or other professional employees.

Criteria Discussed

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