L-1A Dismissed — Aviation (2005): 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 in the United States, or that he had been employed in a qualifying capacity with the foreign entity. The director found the evidence submitted, including job descriptions and organizational charts, was insufficient to demonstrate that the beneficiary's duties were primarily managerial rather than operational.

Criteria Discussed

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