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

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity, as the evidence suggested the beneficiary would be involved in day-to-day operations rather than strategic management. The petitioner also failed to demonstrate that the U.S. entity had been sufficiently 'doing business' for the prior year, a requirement for extending a 'new office' petition.

Criteria Discussed

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