L-1A Dismissed — Sewing Contractor: 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 evidence indicated that a significant portion of the beneficiary's time (50% sales, 25% administration) would be spent on operational and day-to-day tasks rather than qualifying high-level management or executive functions, a conclusion supported by the small number of subordinate employees.

Criteria Discussed

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