L-1A Dismissed — Spice Import And Distribution (2007): 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 primarily managerial or executive capacity. The petitioner's claims regarding its organizational structure, which included four subordinate employees, were contradicted by submitted tax documents that indicated the company had no employees in the most recent quarter and never more than three previously. This discrepancy undermined the assertion that the beneficiary would primarily oversee staff rather than perform day-to-day operational duties.

Criteria Discussed

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