L-1A Dismissed — Hardware Supply (2019): 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 managerial or executive capacity. The Director initially noted inconsistencies in the petitioner's reported staffing levels on tax forms versus their claims. Although the petitioner attempted to resolve this on appeal, the new evidence introduced further inconsistencies, suggesting a reduction in staff during the adjudication period, which undermined the claim that the organization could support a full-time manager or executive.

Criteria Discussed

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