L-1A Dismissed — Marble Distribution (2005): did not establish the beneficiary has been and will be

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily executive or managerial capacity. The director found that the beneficiary's described duties, such as researching products, dealing with customs, and supervising stock, were operational rather than primarily strategic or high-level management tasks, especially given the company's small size and staffing structure.

Criteria Discussed

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