L-1A Dismissed — Flooring Retail (2018): 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 managerial or executive capacity. The evidence presented, including an organizational chart and employment agreements, contained significant inconsistencies regarding the Beneficiary's proposed role and the duties of subordinate employees. These unresolved discrepancies prevented the petitioner from proving the beneficiary's position would be primarily managerial or executive.

Criteria Discussed

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