L-1A Dismissed — Information Technology (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's denial was based on the assessment that the U.S. entity's staffing level was insufficient to relieve the beneficiary from performing the day-to-day operational tasks of the business, a conclusion upheld by the AAO.

Criteria Discussed

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