L-1A Remanded — Construction And Design (2019): the Director's reason for denial regarding the foreign

Decision Summary

The Director's reason for denial regarding the foreign affiliate's business activity was withdrawn. However, the case was remanded because the petitioner did not provide sufficient evidence to establish that the beneficiary would be employed in a primarily executive capacity. The job description was found to be too vague, and the staffing was not shown to be adequate to relieve the beneficiary from performing non-executive, operational duties.

Criteria Discussed

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