L-1A Dismissed — Jewelry Retail (2016): 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 qualifying managerial or executive capacity in the United States, or that the beneficiary had been employed in such a capacity with the foreign entity. The Director found inconsistencies in the evidence regarding staffing levels and concluded the beneficiary's proposed duties would likely involve performing day-to-day operational tasks rather than primarily managing the enterprise or a function.

Criteria Discussed

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