L-1A Dismissed — Diesel Engine Parts (2008): 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 determined the beneficiary appeared to be primarily engaged in performing non-qualifying, day-to-day marketing functions, and the petitioner's tax returns showing no salaries or wages paid further undermined the claim that the beneficiary was managing a staffed organization.

Criteria Discussed

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