L-1A Dismissed — Software Development (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 noted that the U.S. company was a two-person start-up and that many of the beneficiary's proposed duties did not appear to be primarily managerial. The evidence submitted on appeal, including a proposed organizational chart, was insufficient to overcome the director's finding.

Criteria Discussed

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