L-1A Dismissed — Restaurant (2024): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying managerial or executive capacity. The petitioner provided inconsistent descriptions of the role, shifting between managerial and executive duties, and the submitted job description included many day-to-day operational tasks without proving the beneficiary would be relieved from performing them.

Criteria Discussed

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