L-1A Dismissed — Petroleum Retail (2004): the motion to reopen was granted, but the appeal was

Decision Summary

The motion to reopen was granted, but the appeal was ultimately dismissed and the petition denied. The AAO affirmed the director's finding that the petitioner had not established that the beneficiary had been or would be employed in a primarily executive or managerial capacity. The decision emphasized that the small size of the U.S. operation, with only one other employee, did not support the claim that the beneficiary was relieved from performing the day-to-day operational tasks of the business.

Criteria Discussed

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