L-1A Dismissed — Retail (2008): did not establish the beneficiary would be employed in the

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in the United States in a primarily managerial or executive capacity. The petitioner provided vague job descriptions and a 'proposed' organizational chart without sufficient evidence that the subordinate positions were filled, failing to show that the beneficiary would be relieved of performing the day-to-day operational tasks of the convenience store.

Criteria Discussed

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