L-1A Dismissed — Real Estate Development: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The petitioner argued on appeal that it should be considered a 'new office,' but the AAO determined that evidence, such as tax returns and business activities, showed the company had been 'doing business' for over a year and did not qualify for new office provisions. As an established entity with no employees, the petitioner could not support the need for a manager or executive.

Criteria Discussed

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