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 director determined that given the company's structure and small staff, the beneficiary would be required to perform the day-to-day operational tasks of the business. Additionally, the petitioner did not sufficiently prove that the U.S. entity had been actively doing business for the required one-year period for a new office extension.

Criteria Discussed

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