remanded
L-1A
remanded L-1A Case: Jewelry
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Decision Summary
The appeal was remanded because the Director's decision did not adequately analyze the facts or correctly apply the law. The Director overlooked evidence regarding the foreign entity's staffing, misapplied the standard for executive control over contractors, and was inconsistent in applying the 'new office' regulations. The matter was sent back for the entry of a new decision, with an opportunity for the Petitioner to submit additional evidence.
Criteria Discussed
New Office Requirements Sufficient Physical Premises Employment Abroad In An Executive Capacity Proposed Employment In An Executive Capacity Organizational Structure
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