Dismissed
L-1A
L-1A Dismissed โ Consulting (2023): did not establish the Beneficiary's employment abroad was
Decision Summary
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary's employment abroad was in a qualifying managerial capacity. The Petitioner did not establish that managing parts of individual consulting projects constituted managing an "essential function" for the entire foreign company. Furthermore, the evidence did not prove that the Beneficiary operated at a senior level within the organizational hierarchy or with respect to the function managed.
Criteria Discussed
Employment Abroad In A Qualifying Capacity Managerial Capacity Function Manager Personnel Manager Essential Function Senior Level In Organizational Hierarchy
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