dismissed L-1A Case: Hotel Management
Decision Summary
The appeal was dismissed because the petitioner improperly filed for a second 'new office' petition after the beneficiary's initial one-year stay had concluded and a previous extension petition had been denied. The AAO concluded that forming a new corporation for the same enterprise does not qualify it for a second 'new office' period. The petitioner failed to meet the regulatory requirements for a petition extension, which includes demonstrating that the U.S. entity has been actively doing business for the past year.
Criteria Discussed
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