L-1A Dismissed — Automotive Parts (2004): did not establish the beneficiary has been and will be

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be primarily performing duties in a managerial or executive capacity. The beneficiary's described duties included day-to-day operational tasks, and the petitioner did not provide sufficient evidence of adequate staffing to relieve the beneficiary from performing such non-qualifying duties.

Criteria Discussed

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