L-1A Dismissed — Investment / Retail (2009): 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 and the AAO were not convinced that the beneficiary's duties, especially within a small company with only a few employees, met the statutory definitions for a manager or executive, as opposed to performing day-to-day operational tasks.

Criteria Discussed

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