L-1A Sustained — Educational Software (2017): the Director denied the petition, finding that the

Decision Summary

The Director denied the petition, finding that the beneficiary would not be employed in a primarily executive capacity due to the small staffing of the U.S. office. The appeal was sustained because the AAO found that the Director erred by not taking the staff and activities of the foreign parent company into account, concluding that the beneficiary's aggregate duties across both entities were primarily executive in nature.

Criteria Discussed

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