L-1A Dismissed — Convenience Store: 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 U.S. company, a convenience store with only one full-time cashier and one part-time clerk, was not sufficiently staffed to relieve the beneficiary from performing the day-to-day, non-managerial tasks required to run the business.

Criteria Discussed

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