L-1A Dismissed — Automotive Sales: did not establish the beneficiary had been and would be

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary had been and would be employed in a primarily managerial or executive capacity. The director found that the evidence did not establish that the beneficiary would primarily manage a sophisticated hierarchy of workers or an essential function of the organization, rather than performing the daily operational tasks required to run the business. The petitioner's description of duties and small organizational structure were insufficient to meet the statutory requirements.

Criteria Discussed

Sign up free to download the original PDF