L-1A Dismissed — Beverage Distribution And Restaurants (2008): did not establish the U.S

Decision Summary

The appeal was dismissed because the petitioner, seeking an extension for a 'new office' petition, failed to demonstrate that the U.S. entity had expanded sufficiently to support the beneficiary in a primarily managerial or executive capacity. Despite having two years for start-up activities, the petitioner could not prove it was 'doing business' as defined by regulations or that it had adequate staffing to relieve the beneficiary from performing non-qualifying day-to-day tasks.

Criteria Discussed

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