L-1A Dismissed — Investment And 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. Although the petitioner provided a title and job description, the small size of the U.S. operation, with only three subordinate employees (a manager, cashier, and bookkeeper), did not support the claim that the beneficiary would be relieved from performing the day-to-day operational and administrative tasks of the business.

Criteria Discussed

Sign up free to download the original PDF