L-1A Dismissed — Textiles (2001): 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 or executive capacity. The director reasoned, and the AAO agreed, that the petitioner lacked sufficient staff to relieve the beneficiary from performing the day-to-day operational tasks of the business. As the sole employee, the beneficiary was presumed to be performing the services of the company rather than primarily managing them.

Criteria Discussed

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