L-1A Dismissed — Retail (2011): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director concluded that the beneficiary's duties would likely involve performing the day-to-day services essential to running the retail business, rather than primarily managing staff or an essential function, particularly given the small number of employees.

Criteria Discussed

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