L-1A Dismissed — Real Estate (2023): did not establish the beneficiary was primarily managing an

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was primarily managing an essential function by the time the extension petition was filed. The AAO rejected the argument for deference to the prior 'new office' approval, clarifying that the eligibility requirements for an initial petition (supporting a managerial role within one year) are different and less stringent than for an extension (proving the role is currently managerial).

Criteria Discussed

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