dismissed L-1A Case: Construction And Property Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity. The petitioner's initial job description was too general, and in response to a Request for Evidence, they impermissibly changed the beneficiary's job title and duties. The AAO found that a petitioner must establish eligibility at the time of filing and cannot materially alter the offered position to correct deficiencies.
Criteria Discussed
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