L-1A Dismissed — Nutritional Supplements (2020): did not establish the beneficiary would primarily be

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would primarily be employed in a qualifying executive capacity. The evidence, including an organizational chart with low employee salaries and inconsistent payroll records, did not demonstrate that the company had sufficient staff to relieve the beneficiary from performing non-executive, operational duties. The petitioner also failed to provide sufficient detail about the duties performed by subordinate employees.

Criteria Discussed

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