L-1A Dismissed — Software Consulting: 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 in the United States. There were significant discrepancies between the petitioner's claimed organizational structure and the evidence of actual employees, such as wage reports and tax forms, suggesting the beneficiary would not primarily oversee other professional or managerial staff.

Criteria Discussed

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