L-1A Dismissed — Women'S Clothing Retail (2020): 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 qualifying managerial capacity. The evidence did not support the claim that the Beneficiary's direct subordinate was a manager, supervisor, or professional, as her duties appeared to be primarily those of an assistant and HR specialist. Consequently, the Petitioner did not establish that the Beneficiary would be relieved from performing non-managerial, operational tasks.

Criteria Discussed

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