L-1A Dismissed — Design And Trading (2022): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity. The Director noted that the beneficiary's job description included operational duties and the company's staffing was insufficient to relieve the beneficiary of these tasks. The AAO did not consider new evidence submitted on appeal because it should have been provided in response to the earlier Request for Evidence.

Criteria Discussed

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