L-1A Dismissed — Importation (2006): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director noted the company had not grown sufficiently to support such a position at the end of its initial 'new office' period, as the beneficiary remained the sole employee, which indicated he was not relieved from performing non-qualifying operational tasks.

Criteria Discussed

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