L-1A Dismissed — Military Boot Sales (2010): did not establish sufficient evidence demonstrating that

Decision Summary

The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed in a primarily managerial or executive capacity. The record, including low staffing levels and minimal wages paid to other employees, indicated the beneficiary was likely performing the day-to-day operational and sales tasks of the business, rather than directing the management of the organization or a major function.

Criteria Discussed

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