L-1A Dismissed — Real Estate Development (2019): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacity. The AAO found the proposed job duties to be largely speculative, as the U.S. company was in an early stage of development with only one employee at the time of filing and was behind on its business plan. The petitioner did not provide sufficient evidence that the company's staffing and operational reality could support a primarily executive position, rather than one involving operational tasks.

Criteria Discussed

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