L-1A Dismissed — Software Development & Construction (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, a key requirement for an L-1A extension. The director also found that the petitioner had not proven the U.S. entity had been 'doing business' for the previous year. The provided job description was vague and the small staff size suggested the beneficiary was likely performing the day-to-day operational tasks rather than primarily managing the enterprise.

Criteria Discussed

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