Dismissed
L-1A
L-1A Dismissed — Freight Transportation (2018): did not establish the beneficiary would be employed in a
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a qualifying managerial or executive capacity. The petitioner provided inconsistent evidence regarding its staffing and organizational structure, such as conflicting information about whether the beneficiary reported to the CEO or supervised the CEO, which undermined the claim that the beneficiary would primarily perform qualifying duties.
Criteria Discussed
Managerial Capacity Executive Capacity Function Manager Staffing Levels Organizational Structure
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