L-1A Dismissed — Scrap Metal And Plastic Export (2017): 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 qualifying managerial or executive capacity. The description of the beneficiary's past duties was found to be deficient and not credible, particularly regarding the supervision of staff that did not yet exist. Furthermore, the description of proposed future duties was too general and failed to demonstrate that the beneficiary would be primarily engaged in high-level managerial or executive tasks rather than the day-to-day operational activities of the business.

Criteria Discussed

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