L-1A Dismissed — Medical Equipment: 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. Despite the beneficiary's title of president, the evidence showed the company had only two employees, and the beneficiary was responsible for performing day-to-day operational duties like sales, service, and shipping, which are not primarily managerial or executive in nature.

Criteria Discussed

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