L-1A Dismissed — Jewelry And Apparel Trade (2005): 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 submitted job description indicated the beneficiary was primarily performing the day-to-day operational tasks of the business, such as negotiating contracts and arranging customs clearance, rather than managing the organization or its staff.

Criteria Discussed

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