L-1A Dismissed — Retail: the director denied the petition because the petitioner

Decision Summary

The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. As the U.S. entity was a small bookstore with only two employees, the director concluded the beneficiary was likely performing day-to-day operational activities like sales and stocking, not just managerial duties. The AAO dismissed the appeal, agreeing that the petitioner did not prove the beneficiary's role met the statutory definitions of a manager or executive.

Criteria Discussed

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