Dismissed
L-1A
L-1A Dismissed — Industrial Hardware (2018): did not establish the beneficiary was employed abroad in a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily executive capacity. The Director noted that the small size of the foreign entity (three employees) and the nature of the described duties suggested the beneficiary was not sufficiently relieved from performing non-executive, operational tasks. The proposed U.S. position was also found not to be primarily executive for similar reasons.
Criteria Discussed
Employed Abroad In An Executive Capacity Employed In The U.S. In An Executive Capacity Organizational Structure And Staffing Performance Of Non-Executive Duties
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