L-1A Dismissed — Retail (2008): 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 proposed duties for the marketing manager role at a single convenience store did not meet the statutory requirements, and the petitioner's claim that the beneficiary would serve as a 'functional manager' was not found to be persuasive.

Criteria Discussed

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