remanded L-1A Case: Import/Export
Decision Summary
The director's decision was withdrawn because it improperly failed to apply the 'new office' criteria, instead wrongly requiring proof that the beneficiary would be employed in a primarily managerial capacity immediately. The case was remanded for a new decision because the petitioner had not provided sufficient evidence to meet several new office requirements, including securing physical premises, establishing the beneficiary's prior managerial employment abroad, and proving a qualifying corporate relationship.
Criteria Discussed
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