L-1A Dismissed — Import/Export: 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. The director noted that the U.S. company had only one employee (the beneficiary) and did not provide sufficient evidence, such as an organizational chart or wage reports, to support the claim. The petitioner also failed to prove a qualifying relationship with the foreign entity and that the U.S. company had been 'doing business' for the previous year, as required for a new office extension.

Criteria Discussed

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