L-1A Dismissed — Restaurant And Retail (2009): did not establish the beneficiary was employed abroad, or

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad, or would be employed in the U.S., in a primarily managerial or executive capacity. The AAO also found that the petitioner did not qualify as a "new office" since an affiliate organization had been doing business in the U.S. for over a year, meaning the petitioner could not use the more lenient standards for start-up operations.

Criteria Discussed

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