L-1A Dismissed — Home Furnishings And Garments (2005): did not establish the beneficiary has been and will be

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily executive or managerial capacity. The initial petition was approved for a new office, and upon seeking an extension, the petitioner did not sufficiently prove that the beneficiary's role had transitioned from performing operational tasks to primarily managing the organization, an essential function, or other managerial/professional employees.

Criteria Discussed

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