dismissed L-1A

dismissed L-1A Case: Shipping

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Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary had one year of continuous employment with a qualifying organization abroad. The evidence submitted, particularly wage lists, was found to be not credible, as it did not appear to be contemporaneous and contained unresolved inconsistencies, such as showing identical pay and performance bonuses even while the beneficiary was on extended leave in the U.S. The AAO also found evidence of willful misrepresentation of a material fact regarding the claimed employment.

Criteria Discussed

One Year Of Continuous Employment Abroad Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity

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