L-1A Dismissed — Logistics (2019): 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 qualifying executive capacity. The Director found, and the AAO reviewed, that the small number of subordinate employees suggested the beneficiary would be performing day-to-day operational tasks rather than primarily high-level executive duties. The petitioner's attempt to argue the beneficiary was a 'function manager' if not an executive was found to be a misinterpretation of the law.

Criteria Discussed

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