dismissed L-1A Case: Import/Export
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity. The evidence, such as organizational charts and wage statements, did not substantiate the employment of sufficient support staff to relieve the beneficiary from performing non-qualifying operational tasks. The AAO also rejected the petitioner's request to reclassify the beneficiary as an L-1B specialized knowledge worker on appeal, deeming it an improper amendment.
Criteria Discussed
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