L-1A Dismissed — Wine Business (2007): 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 evidence showed the U.S. office had only one other employee, an administrative assistant, which suggested the beneficiary would primarily perform the day-to-day operational and sales tasks of the business rather than managing other professional staff or a key function.

Criteria Discussed

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