L-1A Dismissed — Automotive Parts (2009): did not establish the beneficiary would be employed in the

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualifying managerial or executive capacity. The AAO reaffirmed its prior dismissal, which also noted a failure to prove the beneficiary was employed abroad in a qualifying capacity. The evidence suggested that given the small number of employees in the U.S. entity, the beneficiary's duties would not be primarily managerial or executive in nature.

Criteria Discussed

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