L-1A Dismissed — Dental Instruments (2007): 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. The director noted, and the AAO agreed, that the evidence regarding the company's staffing was inconsistent, as tax records contradicted the petitioner's claim of employing subordinate staff, which is necessary to relieve the beneficiary from performing non-qualifying day-to-day operational duties.

Criteria Discussed

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