L-1A Dismissed — Business Conglomerate (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive capacity. The petitioner provided an organizational chart showing the beneficiary supervising ten staff members, but wage reports for the same period indicated only two employees: the beneficiary and a secretary. This significant discrepancy failed to support the claim that the beneficiary was relieved from performing non-qualifying operational duties.

Criteria Discussed

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