L-1A Dismissed — Retail (2022): did not establish the beneficiary met the one-year foreign

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary met the one-year foreign employment requirement. The beneficiary had been physically present in the United States for more than three years prior to the petition's filing date, and time spent in the U.S. in non-L status (such as F-1 student status) cannot be counted toward the qualifying year of employment abroad.

Criteria Discussed

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