L-1A Dismissed — Marine Electrical Services (2020): 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 managerial capacity. The Director concluded, and the AAO agreed, that at the time of filing the petition, the U.S. department the beneficiary was meant to manage was almost entirely unstaffed. The petitioner's reliance on future hiring and visa approvals for subordinate staff was insufficient to prove the beneficiary's proposed role was primarily managerial at the time of filing.

Criteria Discussed

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