L-1A Dismissed — Landscape Gardening (2004): 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 that the petitioner did not employ a sufficient number of employees to relieve the beneficiary from performing the day-to-day operational tasks of the business, thus preventing him from functioning primarily as a manager or executive.

Criteria Discussed

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