L-1A Dismissed — Rubber Products (2005): 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 evidence submitted, including the beneficiary's stated duties, showed a significant portion of time (50%) would be spent on non-qualifying operational and sales tasks rather than overseeing personnel or managing an essential function of the organization.

Criteria Discussed

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