L-1A Dismissed — Restaurant (2006): 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 submitted, including the company's small staff and the beneficiary's described duties, did not sufficiently demonstrate that the beneficiary would be relieved from performing the day-to-day, non-qualifying operational tasks of the restaurant.

Criteria Discussed

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