L-1A Dismissed — Restaurant (2021): did not establish an error of fact, law, or policy in the

Decision Summary

The motion was dismissed because the petitioner failed to demonstrate an error of fact, law, or policy in the prior decision. The petitioner submitted conflicting U.S. job descriptions in different filings, casting doubt on the beneficiary's actual duties. Although the AAO acknowledged it had previously erred by overlooking evidence about foreign subordinates, it concluded that this evidence was still insufficient to prove the beneficiary worked in a qualifying executive capacity abroad.

Criteria Discussed

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