EB-1C Dismissed — Retail (2007): 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 primarily managerial or executive capacity. The director concluded, and the AAO agreed, that the beneficiary's proposed duties would involve performing the day-to-day operational tasks of the convenience store, rather than high-level management, and that the company's staffing levels did not realistically support such a position.

Criteria Discussed

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