L-1A Dismissed — Software Development (2018): did not establish its new office would support the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that its new office would support the beneficiary in a primarily executive capacity within one year. Although the director's finding on insufficient physical premises was withdrawn, the AAO found that the description of the beneficiary's proposed duties was too broad and lacked the specific day-to-day tasks needed to prove he would be performing high-level duties rather than routine operational activities.

Criteria Discussed

Sign up free to download the original PDF