L-1A Dismissed — Retail (2018): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner, a small one-employee retail company, failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity. The Director and the AAO found that the provided job description was deficient and that the beneficiary would likely spend most of his time performing non-managerial operational tasks necessary to run the business, rather than overseeing other staff or managing an essential function.

Criteria Discussed

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