Dismissed
L-1A
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 and the AAO found that with only a few salespersons as staff, the beneficiary, as President/General Manager of a convenience store, would be primarily engaged in the day-to-day operational and non-qualifying duties of the business, rather than overseeing other managerial or professional staff.
Criteria Discussed
Managerial Or Executive Capacity Qualifying Relationship With A Foreign Entity Foreign Employer Continues To Do Business U.S. Entity Has Been Doing Business For The Past Year Staffing Of The New Operation
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