L-1A Dismissed — Construction (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 qualifying managerial capacity. The director found discrepancies in the evidence regarding the U.S. entity's staffing, which prevented a clear determination of the organizational structure and the beneficiary's role within it. The evidence did not persuasively show that the proposed position was primarily managerial rather than focused on performing day-to-day operational duties.

Criteria Discussed

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