L-1A Dismissed — Nail Salon (2023): 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 in the United States. The petitioner submitted inconsistent organizational charts and job descriptions before and after an RFE, attempting to retroactively establish eligibility by creating new high-level positions. The evidence did not sufficiently demonstrate that the beneficiary's duties would be primarily executive rather than operational.

Criteria Discussed

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