L-1A Dismissed — Textiles (2019): did not establish the Beneficiary was employed abroad in a

Decision Summary

The appeal was dismissed because the Petitioner did not establish that the Beneficiary was employed abroad in a managerial or executive capacity. During a site visit interview, the Beneficiary stated she worked as a customer service employee and did not have a management role, which directly contradicted the claims in the petition. This inconsistency, coupled with other evidence such as payroll records showing she earned less than her purported subordinates, led to the conclusion that the petitioner did not meet its burden of proof.

Criteria Discussed

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