Dismissed
L-1A
L-1A Dismissed — Restaurant Management (2024): did not establish the beneficiary would be employed in a
Decision Summary
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial capacity in the United States. The beneficiary's statements during a site visit interview directly contradicted the claimed managerial duties, such as handling payroll, scheduling, and budgeting. The petitioner's subsequent claim that the beneficiary had a language barrier was undermined by evidence, including the beneficiary's own resume which stated he was fluent in English.
Criteria Discussed
Managerial Capacity In The U.S. Managerial Capacity Abroad One Year Of Employment Abroad Qualifying Prior Education, Training, And Employment
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