L-1A Dismissed — Software Development (2016): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner, a small two-person company, failed to establish that the beneficiary would be employed primarily in an executive capacity. The evidence did not demonstrate that the petitioner had sufficient staffing to relieve the beneficiary from performing day-to-day operational tasks, such as software development and sales, which are not considered qualifying executive duties.

Criteria Discussed

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