L-1A Dismissed — Import/Export (2005): did not establish the beneficiary would be employed

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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