L-1A Dismissed — Interior Design: 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 evidence indicated the beneficiary was personally performing the day-to-day operational and consulting duties of the business, rather than supervising staff or managing an essential function. The petitioner did not demonstrate sufficient staffing to relieve the beneficiary from performing the core services of the company.

Criteria Discussed

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