L-1A Dismissed — Media Distribution (2004): 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 and that a qualifying relationship existed between the U.S. and foreign entities. The director specifically noted that the U.S. company, with only five employees, did not possess the 'organizational complexity' to support the beneficiary's role as a manager or executive.

Criteria Discussed

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