L-1A Dismissed — Import/Wholesale (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director found insufficient evidence that the beneficiary would supervise a qualifying staff that would relieve him from performing day-to-day operational duties. Discrepancies between the company's organizational chart and its wage reports further weakened the petitioner's claim about the number of employees the beneficiary would supervise.

Criteria Discussed

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