dismissed L-1A Case: Retail
Decision Summary
The appeal was dismissed because the petitioner failed to prove the beneficiary had one continuous year of employment abroad within the three years preceding the petition's filing. The beneficiary had been present in the United States since May 1999, almost four years prior to the March 2003 filing date. The AAO rejected the argument that the beneficiary's time in the U.S. in B-1 and F-1 student status was on behalf of the foreign employer and should not count as an interruption of the foreign employment.
Criteria Discussed
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