L-1A Dismissed — Construction (2019): 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 AAO found that the company's staffing levels were insufficient to relieve the beneficiary from performing the necessary operational tasks of the business, meaning his role was not primarily managerial. The petitioner had not progressed beyond its initial 'new office' phase to a point where it could support a true managerial position.

Criteria Discussed

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