L-1A Dismissed — Import/Wholesale (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 concluded that the evidence, particularly regarding staffing levels, did not demonstrate that the beneficiary would be relieved from performing the day-to-day operational tasks of the business, which are not considered qualifying managerial or executive duties.

Criteria Discussed

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