L-1A Dismissed — Hospitality, Real Estate, And Auto Sales (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, and that a qualifying relationship existed with the foreign employer. The evidence, including wage reports for only two employees and the beneficiary's proposed duties, did not demonstrate that the beneficiary would primarily perform high-level managerial or executive tasks rather than the day-to-day operational activities of the business.

Criteria Discussed

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