dismissed L-1A Case: Construction Materials
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the new U.S. operation would be able to support an executive or managerial position within one year of approval. The petitioner did not provide sufficient evidence in response to the director's request, such as a detailed business plan, proof of investment, or staffing plans, to demonstrate the company would grow to a size that would relieve the beneficiary from primarily performing non-qualifying operational duties.
Criteria Discussed
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