L-1A Dismissed — Jewelry Business (2003): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed primarily in a managerial or executive capacity. The director found the beneficiary's described duties, a significant portion of which involved direct client meetings, were more operational and sales-related rather than managerial. The small staffing of the U.S. entity, consisting only of the beneficiary and one assistant, further undermined the claim that the beneficiary's role was primarily managerial.

Criteria Discussed

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