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The motion was dismissed because the Petitioner did not establish that the Beneficiary would primarily manage a function rather than perform it. The evidence failed to show a sufficient subordinate staff to relieve the Beneficiary from performing non-qualifying operational tasks, and the Petitioner did not prove the Beneficiary acted at a senior level within the organizational hierarchy.

The appeal was dismissed because the petitioner failed to establish that the Beneficiary would be employed in a primarily managerial capacity in the U.S. The job description contained generalities that precluded a meaningful assessment of actual tasks, and there was insufficient evidence of a subordinate staff to relieve the Beneficiary from non-qualifying operational duties. Issues regarding the qualifying relationship and foreign employment capacity were reserved as the staffing issue was dispositive.