L-1A Dismissed — Retail: 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 determined that the beneficiary's duties, which involved overseeing two salespersons in a convenience store, were not primarily managerial or executive in nature, but rather consisted of performing the day-to-day operational tasks of the business.

Criteria Discussed

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