L-1A Dismissed — Retail (2021): did not establish the Beneficiary would be employed

Decision Summary

The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed primarily in a managerial or executive capacity. The description of the Beneficiary's duties was found to be generic and lacking in specific details, making it difficult to distinguish high-level responsibilities from routine operational and administrative tasks involved in running the gas stations. The record did not sufficiently demonstrate that the Beneficiary delegates non-qualifying tasks to subordinate employees.

Criteria Discussed

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