L-1A Dismissed — Restaurant (2011): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily executive or managerial capacity. The director noted that the beneficiary's duties would likely involve performing the day-to-day services essential to running a restaurant, rather than supervising a staff of professional or managerial personnel. Discrepancies in the number of employees reported also weakened the petitioner's case.

Criteria Discussed

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