L-1A Dismissed — E-Cigarette Business (2020): 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 qualifying managerial or executive capacity. The evidence, including the petitioner's organizational chart and wage reports, indicated that the beneficiary would likely be performing day-to-day operational tasks due to insufficient staffing, vacant key positions, and managers working part-time. The petitioner's contradictory statements regarding the nature of the position (both managerial and executive) and the list of duties, which included non-qualifying tasks, further weakened the case.

Criteria Discussed

Sign up free to download the original PDF