L-1A Dismissed — Automobile Sales (2005): 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 concluded that the limited number of employees suggested the beneficiary was performing the day-to-day operational tasks of the business, rather than managing other professional staff or an essential function. The job description provided was also deemed too vague and non-specific to prove the role met the statutory definitions.

Criteria Discussed

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