L-1A Dismissed — Software Engineering (2005): 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, including the small number of employees, was insufficient to demonstrate that the beneficiary was relieved of performing the day-to-day, non-qualifying tasks of the business.

Criteria Discussed

Sign up free to download the original PDF