L-1A Dismissed — Software Consulting (2007): did not establish two key points: that the beneficiary

Decision Summary

The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary would be employed in a primarily managerial or executive capacity, and that a qualifying relationship existed with the foreign entity. The director found the initial job description too general and noted that despite a request for more evidence, the petitioner did not sufficiently prove the beneficiary's role would be primarily managerial rather than operational, particularly since the U.S. company only had one employee.

Criteria Discussed

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