L-1A Dismissed — Retail (2025): did not establish the new office would support the

Decision Summary

The appeal was dismissed because the Petitioner did not establish that the new office would support the Beneficiary's employment in a primarily managerial capacity within one year. The submitted job description was found to be prospective, describing duties for a fully staffed company several years in the future, rather than reflecting the realistic duties for the first year of operation with only three planned subordinate employees. Therefore, the Petitioner failed to prove the Beneficiary's day-to-day duties would be primarily managerial within the required timeframe.

Criteria Discussed

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