L-1A Dismissed — Import/Export (2005): 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 and the AAO found that the U.S. company's small size, with only two employees and low revenue, meant the beneficiary would be engaged in the day-to-day, non-executive operations of the business rather than primarily managing the organization or its personnel.

Criteria Discussed

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