L-1A Dismissed — Automotive Sales: did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive capacity. The director and the AAO found that the U.S. company's minimal staffing levels would require the beneficiary to perform the day-to-day operational tasks of the business. This meant the beneficiary's role was more akin to a first-line supervisor rather than a manager or executive who is primarily engaged in high-level duties.

Criteria Discussed

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