L-1A Dismissed — Restaurant (2005): did not establish sufficient evidence that the beneficiary

Decision Summary

The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily managerial or executive capacity. The director found the description of duties to be too general, lacking a clear delineation between high-level managerial tasks and the day-to-day operational functions of the restaurant, and questioned whether the U.S. entity was complex enough to support a true managerial position.

Criteria Discussed

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