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The Petitioner failed to establish that the offered position was primarily managerial or executive at the time of filing. Evidence showed the Beneficiary would spend a majority of time on operational tasks like market research and contract negotiations due to a lack of filled subordinate positions. Additionally, organizational charts and reports contained conflicting information regarding the Beneficiary's actual authority and tenure.

The appeal was dismissed due to the petitioner's failure to demonstrate the ability to pay the proffered wage. The evidence provided was deemed not credible due to multiple unexplained inconsistencies between payroll records, bank statements, and tax filings. Furthermore, the petitioner's financial documents showed negative net income and insufficient net current assets to meet the salary obligations.