L-1A Remanded — Helicopter Business (2007): the director incorrectly applied the 'new office' criteria

Decision Summary

The appeal was remanded because the director incorrectly applied the 'new office' criteria to an established company that was merely expanding. While the AAO withdrew the director's decision on that basis, it found the record still lacked sufficient evidence to prove the beneficiary would be employed in a qualifying managerial or executive capacity, and remanded the case for a new decision on that issue.

Criteria Discussed

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