L-1A Dismissed — Restaurants And Retail (2005): did not establish the beneficiary was employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily executive or managerial capacity. The director found, and the AAO agreed, that the beneficiary's duties involved day-to-day operations of a restaurant and convenience store, making the role that of a first-line supervisor rather than a manager of other supervisory, professional, or managerial employees.

Criteria Discussed

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