L-1A Dismissed — Jewelry Import/Wholesale (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 qualifying managerial or executive capacity. The director's initial denial also cited a failure to establish a qualifying relationship. The AAO found that the beneficiary's described duties, including sales and locating buyers, appeared to be operational tasks rather than managerial, and the petitioner did not demonstrate how its small staff would relieve the beneficiary from performing the day-to-day services of the company.

Criteria Discussed

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