Dismissed
L-1A
L-1A Dismissed — Hotel Management: the petitioner improperly filed for a second 'new office'
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
New Office Requirements Extension Of New Office Petition Doing Business For One Year Managerial Or Executive Capacity Qualifying Relationship
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