L-1A Dismissed — Retail (2006): 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 a qualifying managerial or executive capacity. The petitioner provided a job description that was too general and failed to offer specifics on the beneficiary's daily duties, even after a request for more detailed evidence. The duties described, such as training sales people, being present at installations, and selling units, suggested the beneficiary was performing day-to-day operational tasks rather than primarily managing the enterprise.

Criteria Discussed

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