L-1A Dismissed — Construction (2008): 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 director found, and the AAO agreed, that the petitioner did not provide sufficient evidence, such as a detailed business plan or organizational chart, to demonstrate how the new U.S. office would support a true executive position and relieve the beneficiary from performing non-qualifying operational duties within one year.

Criteria Discussed

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