L-1A Dismissed — Marble Art (2001): 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's denial was based on the lack of evidence that the beneficiary's duties were primarily high-level, especially considering the U.S. entity was a new office with only one other employee, suggesting the beneficiary was performing day-to-day operational tasks.

Criteria Discussed

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