Sustained
L-1A
L-1A Sustained — Food Import And Distribution: the director denied the petition, concluding that the
Decision Summary
The director denied the petition, concluding that the petitioner had not established the beneficiary would be employed in a primarily managerial or executive capacity. The appeal was sustained because the petitioner provided sufficient evidence, including a detailed job description and organizational chart, showing the beneficiary would manage the organization through subordinate managers and would not be performing the day-to-day non-qualifying duties of the business.
Criteria Discussed
Managerial Capacity Executive Capacity Job Duties Organizational Structure Subordinate Staff
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