EB-1C Dismissed — Retail Management (2010): did not establish the beneficiary would be employed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or executive capacity. The director found that the petitioner's staffing level, consisting of cashiers and store clerks, was insufficient to relieve the beneficiary from performing the day-to-day non-qualifying duties of the convenience store/gas station operation.

Criteria Discussed

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