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 AAO agreed with the director that for a small business with only four employees, the beneficiary's duties appeared to be more operational and hands-on rather than primarily overseeing other managers or directing major functions of the organization as required by the statute.

Criteria Discussed

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