dismissed L-1A Case: Wholesale Retail
Decision Summary
The motion to reconsider was granted because the AAO's prior decision applied an incorrect legal standard, requiring the beneficiary to meet the criteria for both executive and managerial capacity. However, upon review, the AAO affirmed its prior dismissal, indicating that the petitioner still failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity under either definition.
Criteria Discussed
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