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The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a managerial capacity. The record contained unresolved ambiguities regarding staffing, the Beneficiary's responsibilities, and the nature of day-to-day duties, indicating a significant portion of time would be spent on non-managerial operational tasks and first-line supervision of non-professional sales staff, which does not meet the statutory definition of managerial capacity.