L-1A Dismissed — Retail (2024): 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 capacity at the time the petition was filed. In response to a Request for Evidence, the petitioner submitted an updated organizational chart reflecting recent hires, but these changes occurred after the filing date and could not retroactively establish eligibility. The evidence did not prove that the beneficiary's proposed subordinates existed or that their roles were supervisory or professional when the petition was initially submitted.

Criteria Discussed

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