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 provided job description was a generic copy from the Department of Labor's Dictionary of Occupational Titles, and the petitioner did not provide a credible, detailed description of actual duties. Furthermore, with the beneficiary being the sole employee, it was not established that he would primarily manage other staff or a function rather than perform the day-to-day operational tasks of the business.

Criteria Discussed

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