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 petitioner submitted a 'proposed' organizational chart but did not provide sufficient evidence to show that the subordinate positions were actually filled, or that the beneficiary would not be primarily involved in the day-to-day operational tasks of the convenience store.

Criteria Discussed

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