L-1A Dismissed — Trading: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director and the AAO concluded that the U.S. company, with only five employees, had not expanded to a point where it could support a full-time executive, and that the beneficiary would likely spend most of his time performing the daily operational functions of the business rather than managing.

Criteria Discussed

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