L-1A Dismissed — Retail (2005): 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. The director noted that the small number of employees and the low salary of the 'business consultant' suggested the beneficiary was performing many of the day-to-day operational tasks of the business, rather than primarily managing professional staff or an essential function.

Criteria Discussed

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