L-1A Dismissed — Construction Materials (2005): did not establish it had secured sufficient physical

Decision Summary

The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises for the new office at the time of filing. The lease provided was for a private residence, and evidence of a new commercial lease submitted on appeal was not considered as it was not part of the original record. The AAO also found that the petitioner failed to demonstrate that the beneficiary was employed in a primarily managerial or executive capacity abroad.

Criteria Discussed

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