L-1A Dismissed — Marketing And Communications (2005): 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 managerial or executive capacity. The director noted that the U.S. entity, a new office, was not sufficiently operational after one year to support the beneficiary's position, as evidenced by low salary payments and the need for the beneficiary to perform daily operational tasks. The AAO affirmed this, stating that regulations do not allow for an extension of the one-year period for a new office to establish itself, despite the petitioner's claim of being impacted by the September 11 attacks.

Criteria Discussed

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