L-1A Dismissed — Retail (2004): 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 concluded, and the AAO agreed, that given the company's structure and number of employees, the beneficiary would have to engage in the day-to-day operations of the business rather than primarily performing qualifying managerial or executive duties.

Criteria Discussed

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