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

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found that the beneficiary performs many of the day-to-day operational activities of the restaurant, rather than primarily supervising a subordinate staff of professional, managerial, or supervisory employees who would relieve him from performing non-qualifying duties.

Criteria Discussed

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