L-1A Dismissed — Import/Distribution (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 found the evidence insufficient, and the petitioner argued on appeal that the beneficiary qualifies as a 'functional manager' by outsourcing the day-to-day operational tasks. The AAO upheld the director's decision.

Criteria Discussed

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