L-1A Dismissed — Restaurant (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director determined that while the beneficiary exercises some discretion, they also perform many of the day-to-day, non-qualifying activities of the restaurant, rather than primarily directing management or supervising other professional or managerial employees.

Criteria Discussed

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