L-1A Dismissed — Information Technology (2006): 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 capacity. The director found that the beneficiary's described duties, such as 'onsite co-ordination' and involvement in 'design, development, testing and code movement,' were indicative of a senior technical professional or first-line supervisor, rather than an employee whose duties were primarily managerial as required by the statute.

Criteria Discussed

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