L-1A Dismissed — Marketing And Business Development (2007): 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 found the beneficiary's job description to be vague and, critically, noted that the beneficiary was the only employee on the company's payroll, which undermines the claim of performing managerial or executive duties rather than the day-to-day operational tasks of the business.

Criteria Discussed

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