L-1A Dismissed — Restaurant (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found that the evidence was insufficient to prove the beneficiary's duties were primarily managerial or executive, rather than performing the day-to-day operational tasks of running the restaurant, a conclusion upheld by the AAO.

Criteria Discussed

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