L-1A Dismissed — International Trade (2019): did not establish the foreign employer was 'doing

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the foreign employer was 'doing business'—defined as the regular, systematic, and continuous provision of goods or services—at the time the petition was filed. The petitioner argued that the regulations allow for an entity that 'will be' doing business, but the AAO rejected this interpretation for the foreign entity. The evidence provided, such as outdated invoices and a single purchase order dated after the filing, was insufficient to meet the standard.

Criteria Discussed

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