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 establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director concluded that the beneficiary was performing the day-to-day operational tasks of the business, a finding supported by the fact that the company employed only one other person. The AAO also noted that the petitioner's corporate status was in question, as it had been administratively dissolved.

Criteria Discussed

Sign up free to download the original PDF