L-1A Dismissed — Marketing (2018): did not establish the beneficiary's proposed employment in

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a primarily managerial capacity. The petitioner's business plan and organizational structure were based on future projections, including the hiring of support staff, which had not occurred at the time of filing. Without adequate staff, the beneficiary would likely be required to perform daily operational tasks rather than primarily managerial duties.

Criteria Discussed

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