L-1A Dismissed — Sales: 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 found, and the AAO agreed, that the submitted job description did not sufficiently distinguish the beneficiary's role from the day-to-day operational and sales tasks of the business, implying the beneficiary was performing the function rather than managing it.

Criteria Discussed

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