L-1A Dismissed — Shipping And Logistics (2017): did not establish the beneficiary would be employed in a

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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