L-1A Dismissed — Industrial Machinery (2023): the U.S

Decision Summary

The appeal was dismissed because the U.S. entity did not exist when the petition was filed, making it impossible to establish that the new office was adequately funded or had the required qualifying relationship with the foreign petitioner. Consequently, the petitioner could not demonstrate the U.S. operation would be able to support a managerial position within one year. Additional deficiencies noted included a lack of sufficient physical premises and a proffered wage below the state minimum.

Criteria Discussed

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