L-1A Sustained — Flooring Technology (2024): the Director misapplied the legal standards for 'managerial

Decision Summary

The appeal was sustained because the Director misapplied the legal standards for 'managerial capacity' to the Beneficiary's subordinates, who were not the subject of the petition. The Petitioner successfully clarified the Beneficiary's executive role and demonstrated the existence of a robust support staff, including from foreign affiliates, that would relieve the Beneficiary from performing non-executive, operational duties, thereby meeting the new office requirements.

Criteria Discussed

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