L-1A Dismissed — Retail (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily executive or managerial capacity. The director concluded that the beneficiary, as president of a gas station and convenience store, would be primarily involved in performing the day-to-day services essential to running the business, rather than supervising a qualifying staff or managing at a high level.

Criteria Discussed

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