L-1A Dismissed — Security Apparel (2007): 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 determined that the evidence, particularly a quarterly tax return showing only two employees, indicated that the beneficiary would be performing the day-to-day operational duties of the business rather than primarily managing the organization or its personnel.

Criteria Discussed

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