L-1A Dismissed — Food Service (2017): the petitioner, a new ice cream shop, did not establish

Decision Summary

The appeal was dismissed because the petitioner, a new ice cream shop, did not establish that the new office would be able to support a managerial or executive position within one year. The evidence, including the business and hiring plans, indicated the Beneficiary would primarily be a first-line supervisor of non-professional employees (cashier, customer service), which is insufficient to meet the definition of managerial capacity.

Criteria Discussed

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