L-1A Dismissed — Retail (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director found, and the AAO agreed, that the small size and scope of the U.S. business (a single gas station/convenience store) suggested the beneficiary would be required to perform day-to-day operational tasks rather than the high-level duties described.

Criteria Discussed

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