dismissed L-1A Case: Hospitality
Decision Summary
The appeal was dismissed primarily because the extension petition was filed after the beneficiary's original period of stay had expired, making it untimely. Beyond this procedural issue, the AAO noted the director's substantive denial was also correct, as the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity, especially given that tax documents showed no employees or wages paid.
Criteria Discussed
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