L-1A Dismissed — Real Estate / Vacation Rentals (2007): 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 evidence presented, including an organizational chart that was contradicted by an accountant's letter, showed the U.S. entity had insufficient staffing to relieve the beneficiary from performing the day-to-day operational tasks of the business.

Criteria Discussed

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