dismissed L-1A Case: Retail Grocery
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Decision Summary
The appeal was dismissed because the petitioner, though newly incorporated, was deemed a continuation of a prior L-1A new office which had been denied an extension. The AAO found inconsistencies in the record regarding whether the petitioner was a genuinely 'new establishment' and concluded that it failed to establish that it would employ the beneficiary in a qualifying managerial or executive capacity within one year.
Criteria Discussed
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