L-1A Dismissed — Stainless Steel Manufacturing: did not establish two key points

Decision Summary

The appeal was dismissed because the petitioner, a new office, failed to establish two key points. First, it did not prove the beneficiary would be employed in a primarily managerial or executive capacity, as the beneficiary was the sole employee and his duties were not sufficiently distinguished from non-qualifying operational tasks. Second, the petitioner failed to demonstrate that it had been 'doing business' for the entire one-year period required for a new office extension.

Criteria Discussed

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