Sustained
L-1A
L-1A Sustained — Food Service And Distribution (2024): the Director incorrectly applied the legal standards for
Decision Summary
The appeal was sustained because the Director incorrectly applied the legal standards for managerial capacity, conflating it with executive capacity and imposing evidentiary requirements not mandated by statute. The Director also improperly analyzed the roles of the beneficiary's second-tier subordinates and made an adverse determination based on the absence of evidence that was never requested.
Criteria Discussed
Managerial Capacity Executive Capacity Management Of Subordinates New Office Foreign Employment
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