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

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director noted, and the AAO agreed, that the evidence was insufficient, pointing to discrepancies between the organizational chart and wage reports which cast doubt on the number of employees the beneficiary would actually supervise. The petitioner failed to demonstrate that the beneficiary would be relieved from performing the day-to-day operational tasks of the business.

Criteria Discussed

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