L-1A Dismissed — Import And Export (2005): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity. The director noted that the beneficiary's proposed duties overlapped significantly with those of other managers and appeared to involve performing the day-to-day operational tasks of the business, rather than managing a function or supervising professional employees. The petitioner did not sufficiently demonstrate that the U.S. entity's size and stage of development required another high-level manager.

Criteria Discussed

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