L-1A Dismissed — Food Supply: the petition was ultimately denied because the petitioner

Decision Summary

The petition was ultimately denied because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive capacity at the time the petition was filed. On a motion to reopen, the petitioner submitted evidence of subordinate employees, but they were hired after the petition's filing date. A petition cannot be approved based on facts that come into existence after it is filed.

Criteria Discussed

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