L-1A Dismissed — Restaurant (2009): the motion to reopen and reconsider was dismissed for both

Decision Summary

The motion to reopen and reconsider was dismissed for both procedural and substantive reasons. The petitioner failed to file the motion on the required Form I-290B and did not provide new evidence to overcome the prior denial, which found a lack of proof that the beneficiary would be employed in a primarily managerial capacity or that the U.S. company was financially viable and had been 'doing business' for the required one-year period.

Criteria Discussed

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