L-1A Dismissed — Restaurant (2001): 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 suggested the beneficiary was heavily involved in the day-to-day operational tasks of the small restaurant, and the staffing level was insufficient to relieve the beneficiary from performing non-qualifying duties.

Criteria Discussed

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