Remanded
L-1A
L-1A Remanded — Commercial Real Estate (2016): the Director's reasons for denial were flawed
Decision Summary
The appeal was remanded because the Director's reasons for denial were flawed. The AAO determined the Director incorrectly analyzed the qualifying relationship by focusing on a brand membership agreement rather than corporate ownership. Additionally, the Director improperly based the denial of the one-year foreign employment requirement solely on the beneficiary's lack of a salary, failing to consider the totality of the evidence. The case was sent back for a new decision, with instructions to request additional evidence on ownership.
Criteria Discussed
Qualifying Relationship Between U.S. And Foreign Entities One Continuous Year Of Full-Time Employment Abroad Employment In A Managerial Or Executive Capacity
📄 Original decision (USCIS PDF)
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