dismissed L-1A Case: Software Development
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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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