L-1A Dismissed — Agriculture (2008): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. There was a significant discrepancy between the organizational chart, which showed a large staff, and wage reports, which indicated only two subordinate employees. The duties described for the beneficiary were largely administrative and operational, not the high-level discretionary tasks required for the L-1A classification.

Criteria Discussed

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