L-1A Dismissed — Optoelectronics (2023): did not establish the beneficiary was employed abroad in a

Decision Summary

The motion was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capacity. The evidence was contradictory regarding the beneficiary's supervisory responsibilities, and the job duties described seemed more operational than managerial. The petitioner did not prove that the beneficiary primarily managed an essential function rather than performing the tasks necessary to provide a service.

Criteria Discussed

Sign up free to download the original PDF