L-1A Dismissed — Import/Export (2001): 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 qualifying managerial or executive capacity. An analysis of the beneficiary's job duties and the petitioner's staffing levels, as indicated by wage reports, showed that the beneficiary would be performing many non-qualifying, operational tasks rather than primarily managing the enterprise or its personnel.

Criteria Discussed

Sign up free to download the original PDF