L-1A Dismissed — Convenience Store: did not establish its new convenience store operation would

Decision Summary

The appeal was dismissed because the petitioner failed to establish that its new convenience store operation would support the beneficiary in a primarily executive capacity within one year. The AAO found that the beneficiary's proposed duties were inconsistent with the organizational chart and the scale of the business, suggesting the role would involve performing operational tasks rather than primarily executive-level functions. The petitioner did not credibly demonstrate how the position would evolve to a primarily executive one within the required timeframe.

Criteria Discussed

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