L-1A Dismissed — Restaurant: 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 director concluded, and the AAO agreed, that the evidence regarding the company's staffing, which included only one other full-time manager and two apparent part-time employees, was insufficient to demonstrate that the beneficiary's role was primarily to direct the organization rather than perform its day-to-day operational tasks.

Criteria Discussed

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