L-1A Dismissed — Ice Cream Store (2017): the record did not establish that the petitioner, a 'new

Decision Summary

The appeal was dismissed because the record did not establish that the petitioner, a 'new office', would grow to a point where it could support the Beneficiary in a primarily managerial or executive capacity within the required one-year timeframe. Although the AAO found that a qualifying relationship between the U.S. and foreign entities did exist, the petitioner's business plan and staffing projections failed to demonstrate that the Beneficiary would be relieved of performing day-to-day operational duties.

Criteria Discussed

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