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 demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director noted the company's low staffing and salary expenditures, indicating the beneficiary would perform daily operational tasks rather than manage. The AAO affirmed, stating that a new office has only one year to become sufficiently operational to support a manager, and this period cannot be extended, despite the petitioner's claim of being impacted by the September 11, 2001 attacks.

Criteria Discussed

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