L-1A Dismissed — Gas Station / Retail (2009): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director concluded, and the AAO affirmed, that the beneficiary's proposed duties did not meet the statutory definitions, as the role appeared to involve performing day-to-day operational tasks rather than primarily managing the enterprise or its personnel.

Criteria Discussed

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