L-1A Dismissed — Retail (2005): 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 submitted, including an organizational chart with only one other employee, indicated that the beneficiary was likely performing the day-to-day operational duties of the business rather than functioning at a senior managerial or executive level.

Criteria Discussed

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