dismissed L-1A Case: Sporting Goods
Decision Summary
The petition was denied because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director noted that as the U.S. company's sole employee, it was questionable whether the beneficiary's duties were primarily managerial rather than operational. The AAO dismissed the appeal, finding the petitioner's argument that independent contractors performed routine duties was insufficient to overcome the deficiency.
Criteria Discussed
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