L-1A Dismissed — Lodging Management (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 determined that the beneficiary's duties would likely involve performing the day-to-day, non-executive operations of the business, given the small number of employees. The director also found that the business had not expanded to a point where a full-time executive was required, a conclusion the AAO upheld.

Criteria Discussed

Sign up free to download the original PDF