L-1A Dismissed — Hair Products (2009): 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. While the AAO noted the director's initial reasoning regarding current staffing levels was flawed for a 'new office' case, its own de novo review concluded that the evidence was insufficient to demonstrate the proposed U.S. operation would support a qualifying managerial or executive position within one year.

Criteria Discussed

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