L-1A Dismissed — Sales (2006): 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 primarily managerial or executive capacity. The director found, and the AAO agreed, that the petitioner's staffing was insufficient to relieve the beneficiary from performing non-qualifying operational duties. Additionally, the petitioner did not establish that the U.S. entity had been 'doing business' for the previous year as required for a new office extension.

Criteria Discussed

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