L-1A Dismissed — Automotive Repair (2009): did not establish temporary nature of the employment for an

Decision Summary

The director denied the petition for failing to establish the temporary nature of the employment for an owner/stockholder beneficiary. While the AAO found the beneficiary was not a 'major stockholder' requiring a higher degree of proof, it ultimately dismissed the appeal because the petitioner failed to provide requested evidence showing that the foreign entity in the Philippines continues to operate, which is necessary to establish the temporary nature of the U.S. assignment.

Criteria Discussed

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