L-1A Dismissed — Management Consulting & Trade (2017): the motion was denied, and the underlying appeal was

Decision Summary

The motion was denied, and the underlying appeal was dismissed, because the Petitioner failed to establish that the Beneficiary would be employed in a primarily managerial or executive capacity. Evidence suggested the Beneficiary was significantly involved in non-managerial, day-to-day duties. The Petitioner did not sufficiently prove that its other employees or contractors were performing the core services of the company, which would relieve the Beneficiary of these operational tasks.

Criteria Discussed

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