L-1A Dismissed — Wholesale (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 director initially denied the petition for this reason, and the AAO agreed, concluding the evidence did not show the beneficiary's role consisted primarily of qualifying duties rather than the day-to-day operational tasks of the business.

Criteria Discussed

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