L-1A Dismissed — Real Estate (2017): 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 qualifying managerial or executive capacity. The job description relied on future plans, such as hiring staff that did not exist at the time of filing, and did not demonstrate that the beneficiary was primarily engaged in qualifying duties as opposed to day-to-day operational activities.

Criteria Discussed

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