L-1A Dismissed — Construction (2010): did not establish the beneficiary was employed by the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily managerial or executive capacity, or that the proposed U.S. role would be primarily managerial or executive. As a new office petition, the petitioner did not show that the U.S. operation would support such a position within one year. The AAO also noted that the petition was improperly filed because it was signed by counsel rather than an officer of the petitioning company.

Criteria Discussed

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