L-1A Dismissed — Retail / Convenience Store (2007): 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 executive or managerial capacity. The director found that due to the small staff and discrepancies in the number of reported employees, the beneficiary would be primarily performing the day-to-day operational tasks of the convenience store rather than supervising other professional or managerial personnel.

Criteria Discussed

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