remanded L-1A Case: Commercial Real Estate
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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
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