L-1A Dismissed — Retail Sales (2006): 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 executive or managerial capacity. The petitioner provided a vague description of duties and did not prove the existence of a subordinate staff that would relieve the beneficiary from performing the day-to-day operational tasks of the retail business at the time of filing.

Criteria Discussed

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