L-1A Dismissed — Guitar Business (2007): did not establish the beneficiary was employed abroad

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad primarily in a managerial or executive capacity. The evidence indicated that the beneficiary's subordinates were mostly part-time independent contractors for occasional events, rather than a permanent staff, which undermined the claim of a primarily managerial role. Additionally, the U.S. petitioner company was found to be administratively dissolved, questioning its continued legal eligibility.

Criteria Discussed

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