L-1A Sustained — Food Import And Distribution: the director initially denied the petition, concluding the

Decision Summary

The director initially denied the petition, concluding the petitioner had not established that the beneficiary would be employed in a primarily managerial or executive capacity. The appeal was sustained because the petitioner provided sufficient evidence, including an organizational chart and detailed job description, showing the beneficiary would oversee a large subordinate staff (fifty-three employees, including three department managers) and would not be performing the day-to-day operations of the business.

Criteria Discussed

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