L-1A Dismissed — 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 concluded that the evidence, particularly regarding the small staff of four cashiers and one manager for a convenience store, did not prove that the beneficiary's duties were primarily managerial or executive rather than focused on day-to-day operational tasks.

Criteria Discussed

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