Dismissed
L-1A
L-1A Dismissed — Trade (2009): 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. Although the director's initial analysis was flawed for not applying the 'new office' regulations, the AAO found the record deficient as the petitioner did not provide a detailed description of the beneficiary's duties or other required evidence to show the U.S. operation would support an executive position within one year.
Criteria Discussed
Employment In A Primarily Managerial Or Executive Capacity Sufficient Physical Premises For A New Office New Office Regulations (8 C.F.R. § 214.2(L)(3)(V)) Ability Of The New Office To Support A Managerial/Executive Position Within One Year Staffing Levels And Organizational Structure
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