L-1A Dismissed — Food Service (2009): the director denied the petition because the petitioner did

Decision Summary

The director denied the petition because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. While the AAO noted the director applied the wrong legal standard (failing to use the 'new office' regulations), upon de novo review, the AAO concurred with the ultimate conclusion, finding the petitioner failed to establish the U.S. operation would support a managerial or executive position within one year.

Criteria Discussed

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