L-1A Dismissed — Retail (2009): 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 the description of duties insufficient, particularly as the beneficiary would supervise non-professional employees in a small convenience store, suggesting the role would involve performing day-to-day operational tasks rather than primarily managerial functions.

Criteria Discussed

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