L-1A Dismissed — Foodstuff Supply: 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 primarily managerial or executive capacity. At the time the extension petition was filed, the U.S. entity had no subordinate employees, meaning the beneficiary was performing the day-to-day operational tasks of the business. Evidence of employees hired after the filing date was not considered, as eligibility must be established at the time of filing.

Criteria Discussed

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