L-1A Dismissed — Retail (2005): did not establish the U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the U.S. entity would employ the beneficiary primarily in a managerial or executive capacity. The director determined the business had not expanded to a point where a full-time executive was required, and the beneficiary would likely spend the majority of his time on non-qualifying, day-to-day operational duties. The AAO upheld this finding, noting the unusual staffing structure where a high percentage of employees held managerial titles.

Criteria Discussed

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