L-1A Dismissed — Retail And Wholesale (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. Despite claims that the beneficiary, as president, would direct management and set policies, the evidence did not sufficiently distinguish the beneficiary's duties from non-qualifying, day-to-day operational tasks, which is a common issue for new offices with small staff.

Criteria Discussed

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