L-1A Dismissed — Automotive 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 found that with only one other employee, the beneficiary was performing the day-to-day operational tasks of the business rather than managing other staff or an essential function. The petitioner's statement of intent to hire more employees in the future was insufficient to overcome the finding.

Criteria Discussed

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