L-1A Dismissed — Retail (2006): 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 concluded that the U.S. entity, a convenience store, was not sufficiently staffed to relieve the beneficiary from performing routine, non-qualifying duties. The evidence indicated the beneficiary would be performing the daily functions of the business rather than managing other employees or an essential function.

Criteria Discussed

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