L-1A Dismissed — Import/Export (2005): did not establish the beneficiary has been and will be

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily executive or managerial capacity. The director found that the new U.S. company did not grow to a sufficient size to support a managerial or executive position, and evidence like quarterly tax statements indicated only the beneficiary had been paid, undermining claims of subordinate staff.

Criteria Discussed

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