L-1A Dismissed — Jewelry (2008): 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 concluded, and the AAO agreed, that the beneficiary's duties involved performing day-to-day operational tasks of the business rather than primarily managing the organization or its personnel. The evidence regarding staffing was insufficient to show that the beneficiary would be relieved from performing these non-qualifying duties.

Criteria Discussed

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