EB-1C Dismissed — Retail Trade (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner, a small gasoline and convenience store, failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director found the provided job description insufficient to prove that the beneficiary's duties would be primarily high-level management rather than the day-to-day operational tasks required to run the business.

Criteria Discussed

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