L-1A Dismissed — Cosmetics (2001): 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 petitioner's U.S. entity had no employees at the time of filing, and its plans to hire future staff were not sufficient to demonstrate that the beneficiary would be relieved of performing non-qualifying, day-to-day operational duties.

Criteria Discussed

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