Sustained
L-1A
L-1A Sustained — Home Decor And Lighting Design (2020): the Director failed to properly apply the regulations for a
Decision Summary
The appeal was sustained because the Director failed to properly apply the regulations for a 'new office', which allow a one-year period to support a managerial position. The Director also overlooked supporting evidence regarding job duties and incorrectly applied the statutory definition of managerial capacity to the beneficiary's subordinates, leading to an erroneous denial.
Criteria Discussed
New Office Requirements Sufficient Physical Premises Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The Us Duties Of Subordinates
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