L-1A Dismissed — Apparel: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily managerial or executive capacity. The evidence, including an organizational structure of only two employees, indicated the beneficiary was performing the day-to-day operational tasks of the business rather than primarily managing the organization or a key function.

Criteria Discussed

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