L-1A Dismissed — Retail (2005): did not establish the beneficiary has been or will be

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary has been or will be employed in a primarily managerial or executive capacity. The director based the denial on the lack of subordinate employees and the petitioner's own admission that it had no employees at the time, which suggested the beneficiary was not primarily managing personnel or a key function.

Criteria Discussed

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