L-1A Dismissed — Restaurant Business (2006): 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 managerial or executive capacity. The director initially denied the petition on these grounds, and the petitioner's arguments on appeal were not sufficient to overcome this finding. The evidence did not demonstrate that the beneficiary's role consisted primarily of high-level management or policy-setting rather than performing the operational tasks necessary to run the business.

Criteria Discussed

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