L-1A Dismissed — Education / Entertainment (2006): 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 and the AAO found that the petitioner's staffing level was insufficient to relieve the beneficiary from performing day-to-day operational duties. Discrepancies between the claimed number of employees on the organizational chart and the actual number shown on quarterly wage reports undermined the petitioner's claims.

Criteria Discussed

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