dismissed L-1A Case: Wholesale Distribution
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Decision Summary
The motion to reopen a previously dismissed appeal was denied. The petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacity, as the job descriptions were vague and did not show that subordinate staff or contractors would relieve him of day-to-day operational tasks. The new evidence submitted with the motion was either not new, untimely (post-dating the petition's filing), or insufficient to overcome the original deficiencies.
Criteria Discussed
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