L-1A Dismissed — Restaurant (2005): did not establish the beneficiary had been employed abroad

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a primarily managerial or executive capacity. The director found the evidence, including the submitted job description, was insufficient to prove that the beneficiary's duties were primarily managerial or executive in nature, as opposed to performing the day-to-day operational tasks of the business.

Criteria Discussed

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