L-1A Sustained — Winery: the director denied the petition, concluding the

Decision Summary

The director denied the petition, concluding the beneficiary would not be employed in a primarily managerial capacity because he would not directly supervise other employees. The appeal was sustained because the AAO found that the beneficiary qualifies as a 'function manager,' as he manages an essential function (sales and marketing for a major wine brand), exercises discretionary decision-making, and functions at a senior level within the company.

Criteria Discussed

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