L-1A Dismissed — Clothing Retail/Export (2005): 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 concluded that the evidence indicated the beneficiary performed the majority of the company's day-to-day operational tasks, such as buying merchandise and acting as a shipping clerk, rather than primarily managing the organization or its personnel.

Criteria Discussed

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