L-1A Sustained — Education And Entertainment (2005): the director's denial was based on an incorrect assessment

Decision Summary

The appeal was sustained because the director's denial was based on an incorrect assessment of the petitioner's staffing. The petitioner successfully argued on appeal that it employed a sufficient number of subordinate managers and professionals, including individuals with college degrees, to relieve the beneficiary from performing non-qualifying, day-to-day operational duties, thereby establishing that the beneficiary would be employed in a primarily managerial or executive capacity.

Criteria Discussed

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