L-1A Dismissed — Retail/Distribution (2006): did not establish the beneficiary was employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive capacity. The director and the AAO concluded that the petitioner's staffing level at the time of filing was insufficient to support the beneficiary's claimed role. New evidence of additional employees hired two years after the petition was filed was rejected, as eligibility must be established at the time of filing.

Criteria Discussed

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