L-1A Dismissed — Jewelry Wholesale (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 director concluded, and the AAO agreed, that given the small size of the U.S. office (the beneficiary and one other employee), it was likely the beneficiary was performing the daily non-qualifying duties necessary to run the business, rather than primarily overseeing other professional staff or managing an essential function.

Criteria Discussed

Sign up free to download the original PDF