L-1A Dismissed — Import/Export (2007): the appeal was dismissed for procedural and substantive

Decision Summary

The appeal was dismissed for procedural and substantive reasons. Procedurally, the petition to extend the beneficiary's status was filed after the original petition's validity had expired, which is not permitted by regulation. Substantively, the petitioner failed to establish that the beneficiary was employed in a primarily executive capacity, as the evidence indicated the beneficiary was performing day-to-day operational duties rather than directing the organization, a conclusion supported by the lack of subordinate staff.

Criteria Discussed

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