L-1A Dismissed — Advertising (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found insufficient evidence that the beneficiary supervised other managers to be relieved of non-qualifying duties, or that the U.S. entity had grown sufficiently since its 'new office' establishment to support a senior-level position.

Criteria Discussed

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