L-1A Dismissed — Gas Station / Retail (2006): 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 denied the petition on this basis, and the petitioner's arguments on appeal, which focused on the beneficiary's high-level responsibilities, were not sufficient to overcome the concern that a small operation required the beneficiary to perform non-qualifying day-to-day tasks.

Criteria Discussed

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