L-1A Dismissed — Wholesale Distribution (2004): 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 determined that the U.S. entity lacked the organizational complexity to support a full-time executive and that the subordinate staff was not composed of professional, managerial, or supervisory personnel who would relieve the beneficiary from performing non-qualifying duties.

Criteria Discussed

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