L-1A Dismissed — Restaurant (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 director determined that the beneficiary's duties, which included supervising non-professional staff like chefs and a cashier, were more characteristic of a first-line supervisor performing day-to-day operational tasks than a true manager or executive.

Criteria Discussed

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