L-1A Dismissed — Retail (2008): the director initially denied the petition by incorrectly

Decision Summary

The director initially denied the petition by incorrectly applying the lenient 'new office' criteria and finding the petitioner failed to show it would support a managerial position within one year. The AAO agreed the 'new office' designation was an error but dismissed the appeal anyway, finding that under the more stringent criteria for an established business, the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive capacity.

Criteria Discussed

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