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 demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director determined that the new U.S. office had not grown to a sufficient size to support a manager or executive, and the evidence suggested the beneficiary was still performing the day-to-day operational duties of the business rather than managing other employees or an essential function.

Criteria Discussed

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