L-1A Dismissed — Food Trading (2017): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in an executive capacity. The AAO found the description of the beneficiary's duties to be inconsistent, overly broad, and not credible, particularly the significant time allocated to shareholder meetings when the beneficiary and his spouse are the sole owners. The evidence did not sufficiently distinguish the beneficiary's role from day-to-day operational activities, especially given the company's limited staffing.

Criteria Discussed

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