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

Decision Summary

The appeal was dismissed because the petitioner, a new office, failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity within one year of the petition's approval. The director concluded the evidence, including the business plan and proposed staffing, did not demonstrate that the U.S. operations would grow sufficiently to relieve the beneficiary from performing non-qualifying day-to-day operational tasks.

Criteria Discussed

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