L-1A Dismissed — Gourmet Food Retail (2005): 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 agreed, that the beneficiary's role in a small retail store with only a few non-professional employees involved performing day-to-day operational tasks rather than primarily managerial or executive functions.

Criteria Discussed

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