L-1A Dismissed — Manufacturing (2020): 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 qualifying executive capacity. There were significant inconsistencies regarding the petitioner's staffing levels, with claims of seven employees being contradicted by wage reports and a USCIS site visit that suggested only two employees. The petitioner's evidence and explanations for the discrepancies were insufficient to prove that the beneficiary would primarily perform executive duties rather than day-to-day operational tasks.

Criteria Discussed

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