L-1A Dismissed — Retail Grocery (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 director's denial, which the AAO upheld, was based on the petitioner not demonstrating that the beneficiary, as president of a small grocery store with only two subordinate employees, was relieved from performing the day-to-day operational tasks of the business.

Criteria Discussed

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