L-1A Dismissed — Real Estate Development (2008): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive capacity. The AAO agreed with the director's finding that the petitioner's two-person company did not establish the need for a full-time manager. The petitioner failed to demonstrate that the beneficiary would primarily manage the marketing function rather than directly performing the operational tasks of the business.

Criteria Discussed

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