L-1A Dismissed — Clothing Export / Retail (2004): 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 director found, and the AAO agreed, that the evidence indicated the beneficiary was performing the majority of the company's day-to-day operational tasks himself, rather than primarily managing the organization or other employees.

Criteria Discussed

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