L-1A Dismissed — Retail: did not establish two key requirements

Decision Summary

The appeal was dismissed because the petitioner failed to establish two key requirements. First, the petitioner did not demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity, as the company's small staff size and structure suggested the beneficiary was performing day-to-day operational tasks. Second, the petitioner did not prove a continuing qualifying relationship with a foreign entity, as the original foreign employer no longer existed.

Criteria Discussed

Sign up free to download the original PDF