L-1A Dismissed — Marketing And Promotional Merchandise (2006): 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 capacity. The director found the evidence insufficient to demonstrate that the beneficiary's proposed duties as director of marketing and sales would be primarily overseeing other staff or a key function, rather than performing the day-to-day operational tasks of the business. The petitioner's arguments and additional evidence on appeal did not overcome this deficiency.

Criteria Discussed

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