L-1A Dismissed — Moving Business (2010): 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. Although the Director's initial reasoning was flawed for not applying the specific 'new office' regulations, the AAO conducted its own review and still found the evidence insufficient to demonstrate that the U.S. operation would support a managerial or executive position within one year of approval.

Criteria Discussed

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