L-1A Dismissed — Retail / Import (2004): did not establish the beneficiary would be employed in a

Decision Summary

The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO dismissed the appeal, concurring with the director's assessment that the evidence, particularly the company's small size with only two employees, did not demonstrate that the beneficiary would be primarily performing qualifying duties rather than the day-to-day operational tasks of the business.

Criteria Discussed

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