L-1A Dismissed — Electromachinery (2006): 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 primarily managerial or executive capacity. Additionally, the petitioner did not prove a qualifying relationship existed between the U.S. and foreign entities, as evidence showed the initial investment was from third parties rather than the foreign entity.

Criteria Discussed

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