L-1A Dismissed — Industrial Equipment (2005): did not establish the beneficiary's role qualified as

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's role qualified as primarily managerial or executive. The director initially denied the petition for this reason, and the AAO agreed. The core issue was whether the beneficiary's duties for the small U.S. entity were genuinely at a managerial or executive level, as opposed to performing the day-to-day operational functions necessary to run the business.

Criteria Discussed

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