L-1A Dismissed — Diesel Parts Sales And Services (2005): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity. The AAO concurred with the director, finding that the beneficiary's stated duties included a significant number of non-qualifying, operational tasks, such as directly handling sales promotions and customer service. Additionally, the evidence was insufficient to show that the beneficiary supervised professional, managerial, or supervisory employees.

Criteria Discussed

Sign up free to download the original PDF