L-1A Dismissed — Automated Payment Solutions (2018): the motion to reconsider a previous dismissal was denied

Decision Summary

The motion to reconsider a previous dismissal was denied because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity within one year. The evidence, including multiple job descriptions and a business plan, was inconsistent and indicated the beneficiary would perform many non-qualifying operational tasks. The petitioner did not demonstrate that the proposed staffing levels were sufficient to relieve the beneficiary of these day-to-day duties.

Criteria Discussed

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