L-1A Dismissed — Food Products (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, including wage reports and payroll summaries, indicated that at the time of filing, the company did not have a sufficient support staff to relieve the beneficiary from performing operational and administrative duties, as payroll records showed only two employees at that time.

Criteria Discussed

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