L-1A Dismissed — Diving Training Materials (2019): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacity. The AAO found significant inconsistencies in the beneficiary's job descriptions submitted at different times and determined that many of the individuals the beneficiary claimed to supervise were independent contractors, not employees, which undermined the claim of a primarily executive role.

Criteria Discussed

Sign up free to download the original PDF