L-1A Dismissed — Import/Export (2008): 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. Although the director erred by applying the more lenient "new office" criteria, the AAO determined that the petitioner failed to meet even that standard, and certainly failed the stricter standard for established businesses which requires the beneficiary to immediately perform qualifying duties.

Criteria Discussed

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