L-1A Dismissed — Livestock Wholesale (2018): 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 evidence, including the company's small staffing of non-professional employees, indicated that the beneficiary would not be relieved of performing day-to-day operational duties. The petitioner did not prove the beneficiary would serve as a personnel manager of qualifying employees or as a function manager.

Criteria Discussed

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