L-1A Dismissed — Retail: 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 evidence regarding staffing, including wage reports and an organizational chart, was inconsistent and unpersuasive in demonstrating that the beneficiary would not be primarily performing the day-to-day operational tasks of the business. Additionally, the AAO noted the petitioner's corporate status in California had been suspended, which called its eligibility as a qualifying organization into question.

Criteria Discussed

Sign up free to download the original PDF