L-1A Dismissed — Wholesale Distribution (2006): 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, a requirement for both the initial L-1A visa and the extension. The director concluded that the beneficiary's described duties, in the context of a small operation with only two subordinates, did not rise to the level of primarily managerial or executive functions as defined by the statute.

Criteria Discussed

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