sustained L-1A Case: Education And Entertainment
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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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