L-1A Dismissed — Retail (2005): 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 denied the petition, and the AAO affirmed, because the petitioner, a convenience store, had no employees, suggesting the beneficiary would be performing the day-to-day operational tasks of the business rather than primarily managerial duties.

Criteria Discussed

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