L-1A Dismissed — Construction Machinery Import/Export (2009): the appeal was rejected as improperly filed because the

Decision Summary

The appeal was rejected as improperly filed because the petitioner had already filed a separate, identical appeal from the same decision, which had been dismissed. The regulations do not permit the filing of multiple appeals from a single adverse decision. The AAO also noted that if the merits were considered, this appeal would also be dismissed for failure to establish that the beneficiary would be employed in a primarily managerial or executive capacity.

Criteria Discussed

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