L-1A Dismissed — Real Estate Development: the director denied the petition because the petitioner

Decision Summary

The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The petitioner, a new office, had no other employees and could not demonstrate that the beneficiary's duties would be relieved from performing day-to-day operational tasks. The AAO dismissed the appeal, concurring that the evidence did not support a finding that the beneficiary's role met the statutory definitions for a manager or executive.

Criteria Discussed

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