L-1A Dismissed — International Trade (2019): did not establish the Beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the Petitioner did not establish that the Beneficiary would be employed in a qualifying executive capacity. The evidence showed insufficient staffing, with only one full-time manager and two very part-time salespeople, which was not sufficient to relieve the Beneficiary from performing day-to-day operational tasks. The Petitioner failed to prove that the Beneficiary would primarily perform high-level duties rather than the non-qualifying tasks necessary to run the business.

Criteria Discussed

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