L-1A Dismissed — Retail (2009): 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 or executive capacity. The director's denial noted that the petitioner failed to substantiate its claim regarding the number of employees it actually employs, which is critical to demonstrating that the beneficiary is not primarily engaged in the day-to-day, non-qualifying tasks of the business. No new evidence was provided on appeal to overcome this finding.

Criteria Discussed

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