L-1A Dismissed — Retail: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director noted that the company had only one employee other than the beneficiary, which indicated the beneficiary was likely performing day-to-day operational tasks rather than high-level duties, and the petitioner did not establish the need for a manager after one year of operations.

Criteria Discussed

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