L-1A Remanded — Retail Food (2004): the director denied the petition, concluding that the

Decision Summary

The director denied the petition, concluding that the franchise agreement with American Dairy Queen would mean the franchisor, not the beneficiary's foreign employer, would control the U.S. business, thus failing the 'qualifying relationship' requirement. The AAO withdrew the director's decision and remanded the case for a new decision, as the petitioner argued that the director misinterpreted the franchise agreement and failed to consider the company's broader business plans beyond the single franchise.

Criteria Discussed

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