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 and the AAO found that the petitioner's small staff, consisting of a cook and a few part-time employees, was insufficient to relieve the beneficiary from performing the day-to-day operational tasks of the restaurant.

Criteria Discussed

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