L-1A Dismissed — Retail (2004): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive capacity. The director and the AAO found that for a small entity (a gas station/convenience store with few employees), the beneficiary would likely perform day-to-day operational tasks rather than the high-level duties required for the L-1A classification. The petitioner also failed to establish that the U.S. entity was sufficiently 'doing business' for the prior year.

Criteria Discussed

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