L-1A Dismissed — Furniture Sales (2019): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacity in the United States. The Director found that the petitioner's small size and lack of subordinate employees meant the beneficiary would likely perform day-to-day operational activities rather than primarily executive duties. The petitioner also misrepresented its staffing on the organizational chart, as its only other worker had left the company months before the petition was filed.

Criteria Discussed

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