L-1A Dismissed — Food Import/Wholesale (2017): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner, a new office, failed to establish that the beneficiary would be employed in a primarily executive capacity within one year. The AAO noted that the proposed job description included many non-qualifying operational duties, and the projected staffing levels were insufficient to relieve the beneficiary from performing day-to-day tasks. The Director also found the evidence insufficient to establish the size of the U.S. investment and the foreign entity's ability to remunerate the beneficiary.

Criteria Discussed

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