dismissed L-1A Case: E-Cigarette Business
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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
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