L-1A Dismissed — Sales (2003): did not establish sufficient evidence to demonstrate that

Decision Summary

The appeal was dismissed because the petitioner failed to submit sufficient evidence to demonstrate that the beneficiary would be employed primarily in a managerial or executive capacity. The director found, and the AAO agreed, that the petitioner did not establish that the beneficiary's duties would be primarily high-level and discretionary, as opposed to performing the day-to-day operational tasks of the business, given the small size and staffing of the company.

Criteria Discussed

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