L-1A Dismissed — Retail (2022): the motion to reconsider was dismissed because the AAO

Decision Summary

The motion to reconsider was dismissed because the AAO found the petitioner was ineligible to file a 'new office' petition. The petitioner, a new legal entity, was taking over the same retail grocery operation from a failed affiliate which had previously employed the same beneficiary under a new office petition. The AAO concluded that regulations do not permit an organization to continually create new entities to operate the same business in order to circumvent the one-year limit for a new office to become operational.

Criteria Discussed

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