L-1A Sustained — Clothing Wholesale (2018): the Director revoked the petition, finding that the

Decision Summary

The Director revoked the petition, finding that the Beneficiary would not be employed in a qualifying executive capacity due to concerns over staffing complexity and a salary discrepancy with a subordinate. On appeal, the petitioner provided additional evidence clarifying the business's functions, the roles of its employees, and the salary disparity, which was sufficient to establish that the Beneficiary would be employed in an executive capacity.

Criteria Discussed

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