L-1A Dismissed — Medical Devices: 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, and the AAO agreed, that the company's organizational structure would require the beneficiary to engage in the day-to-day operational activities of the business rather than primarily managing the organization or other professional/managerial staff.

Criteria Discussed

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