dismissed L-1A Case: Shipping And Logistics
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Decision Summary
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial capacity. The AAO concurred with the Director's finding that the petitioner's small staff of two employees was insufficient to relieve the beneficiary from performing the day-to-day operational tasks of the business. The petitioner's business plan and projected organizational charts did not overcome the reality of the current staffing levels.
Criteria Discussed
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