L-1A Dismissed — Restaurant (2004): 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 qualifying managerial or executive capacity. The director's initial denial concluded the beneficiary's proposed duties did not meet the statutory definitions, and the AAO upheld this finding, unconvinced that the staffing was sufficient to relieve the beneficiary from performing non-qualifying operational tasks.

Criteria Discussed

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