dismissed L-1A Case: General Merchandise
Decision Summary
The motion to reopen was dismissed because the petitioner failed to provide new facts as required by regulation. The petitioner's argument, that a prior approval for a 'new office' petition should govern the extension, was rejected because the standards for an extension are different and stricter. The underlying denial was based on the petitioner's failure to demonstrate that the U.S. company had developed sufficiently after one year to employ the beneficiary in a primarily managerial or executive capacity.
Criteria Discussed
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