L-1A Dismissed — Resort Marketing And Real Estate (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 indicated the beneficiary was the petitioner's only employee and spent a significant portion of his time (40%) on non-qualifying duties such as direct client contact. The director was not persuaded that the beneficiary primarily managed other professional employees, as the staff he supposedly oversaw were employed by a separate company in which the petitioner held only a minority interest.

Criteria Discussed

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