L-1A Dismissed — Nursing Services: 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 within one year, as required for a new office petition. The director found, and the AAO agreed, that the proposed job duties and staffing plans were insufficient to demonstrate that the beneficiary would be relieved from performing the day-to-day, non-qualifying tasks of the business.

Criteria Discussed

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