L-1A Dismissed — Retail (2009): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The director initially denied the petition for this reason, and the petitioner's evidence on appeal, regarding the beneficiary's duties and the staffing of its two convenience stores, was insufficient to overcome the director's findings.

Criteria Discussed

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