L-1A Dismissed — Software (2006): 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 noted that while the petitioner claimed the beneficiary supervised three contractors, tax documents revealed the beneficiary was the sole employee. The described duties, such as sales, marketing, and business development, were deemed operational tasks necessary to provide the company's services rather than qualifying managerial or executive functions.

Criteria Discussed

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