L-1A Dismissed — Automotive Upholstery: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. After initially filing for an L-1A visa, the petitioner conceded in response to a notice of intent to deny that the beneficiary would not fill a managerial or executive role, thereby failing to meet the burden of proof for the classification sought.

Criteria Discussed

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