L-1A Dismissed — Import And Distribution (2019): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial capacity. The AAO found that the company's staffing levels at the time of filing, consisting only of the beneficiary, were insufficient to relieve him from performing non-managerial, operational tasks. Evidence of future hires submitted after the filing date was not considered, and other evidence of support was deemed inadequate.

Criteria Discussed

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