L-1A Dismissed — Marketing Consultancy (2005): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed primarily in a managerial or executive capacity. At the time of filing, the U.S. entity had no employees other than the beneficiary, leading the director to conclude the beneficiary was engaged in day-to-day operational tasks rather than high-level management. Evidence submitted on appeal was insufficient to overcome this finding.

Criteria Discussed

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