L-1A Dismissed — Retail: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or executive capacity. The director concluded that with a small staff of one cashier and one clerk, the beneficiary would necessarily have to perform the day-to-day, non-managerial and non-executive duties required to run the convenience store.

Criteria Discussed

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