L-1A Dismissed — Automotive Trade (2011): did not establish eligibility at the time of filing the

Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing the petition. The director's denial was based on the failure to prove that the U.S. company had secured sufficient physical premises and that the new U.S. entity would support a managerial or executive position within one year. The evidence of a lease was submitted after the petition was filed, and eligibility cannot be established based on facts that come into existence after the filing date.

Criteria Discussed

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