L-1A Dismissed — Automotive Trade (2003): did not establish sufficient evidence that the

Decision Summary

The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary's duties were primarily managerial or executive. The director noted that while the beneficiary exercised discretion, he also performed many of the day-to-day operational activities of the business and did not supervise professional or managerial employees, a finding upheld on appeal.

Criteria Discussed

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