L-1A Dismissed — Retail (2017): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacity. The AAO found that with only one subordinate, the beneficiary would be required to perform a substantial number of non-qualifying operational and administrative tasks. A subsequent motion to reopen was denied because new evidence of company growth was not relevant to eligibility at the time of the initial filing.

Criteria Discussed

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