L-1A Dismissed — Import And Wholesale Distribution (2006): 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 found that given the small size of the U.S. office and the described duties of the beneficiary and his two subordinates, the beneficiary was likely performing day-to-day operational tasks rather than primarily managing the organization, a function, or other professional/managerial staff.

Criteria Discussed

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