L-1A Dismissed — Aviation Parts Export (2011): 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 initial evidence, including an organizational chart showing only one subordinate employee, was insufficient to demonstrate that the beneficiary would not be primarily engaged in performing the day-to-day, non-qualifying duties of the enterprise. The director also found that the petitioner had not established it was 'doing business' at the time of filing.

Criteria Discussed

Sign up free to download the original PDF