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

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found the initial evidence lacking, and despite the petitioner's claims on appeal that the beneficiary supervised other managers, the evidence did not sufficiently prove that the beneficiary's duties were primarily at a senior, discretionary level rather than focused on day-to-day operational tasks of the business.

Criteria Discussed

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