Dismissed
L-1A
L-1A Dismissed — Medical Equipment (2018): although the AAO agreed that the beneficiary was employed
Decision Summary
Although the AAO agreed that the beneficiary was employed in an executive capacity abroad, the appeal was dismissed because the petitioner did not establish that the U.S. company could support a primarily executive position at the time of filing. The record showed the U.S. entity was in a very early stage of development and lacked the necessary staffing and business operations to relieve the beneficiary from performing non-qualifying operational duties.
Criteria Discussed
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Staffing Levels Organizational Structure Job Duties
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