L-1A Dismissed — Medical Equipment (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director noted that the beneficiary did not supervise any subordinate professional or managerial employees, and the petitioner did not successfully argue that the beneficiary qualified as a 'functional manager' whose duties were primarily managerial rather than operational.

Criteria Discussed

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