L-1A Dismissed — Wholesale Business (2005): did not establish the beneficiary had been and would

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary had been and would continue to be employed in a primarily managerial or executive capacity. The director's initial denial was based on this deficiency, and the petitioner's evidence on appeal was insufficient to overcome this finding, particularly in the context of a new office extension which requires showing sufficient staffing to support a high-level role.

Criteria Discussed

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