L-1A Dismissed — Restaurant (2019): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity. The AAO found that the proposed job description was unrealistic for a small pizzeria with eight employees and that the current staffing was insufficient to relieve the beneficiary from performing day-to-day operational duties. The petitioner's reliance on future hires could not overcome this deficiency, as eligibility must be established at the time of filing.

Criteria Discussed

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