L-1A Dismissed — Restaurant Business (2017): the motion to reopen and reconsider was denied, upholding

Decision Summary

The motion to reopen and reconsider was denied, upholding the prior dismissal. The petitioner failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity, as the evidence suggested the staffing levels were insufficient to relieve the beneficiary from performing the day-to-day, non-qualifying duties of the restaurant. The petitioner did not present significant new facts or demonstrate a legal error in the prior decision.

Criteria Discussed

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