L-1A Remanded — Manufacturing And Import/Export: the director failed to adjudicate the petition under the

Decision Summary

The appeal was remanded because the director failed to adjudicate the petition under the correct 'new office' regulations. The director incorrectly required the petitioner to immediately demonstrate the beneficiary's role was primarily managerial, without considering the one-year grace period allowed for new offices. The AAO withdrew the director's decision and sent the case back for reconsideration under the proper legal standard, noting that additional evidence is still required.

Criteria Discussed

Sign up free to download the original PDF