L-1A Dismissed — Retail Management (2018): 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 managerial or executive capacity. The evidence provided, including the job description, organizational chart, and wage records, contained inconsistencies and was insufficient to demonstrate that subordinate staff would relieve the beneficiary from performing day-to-day operational tasks. Additionally, the petitioner provided incomplete and conflicting evidence regarding its ownership of a claimed subsidiary, further undermining the claimed organizational structure.

Criteria Discussed

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