L-1A Remanded — Retail: the director denied the petition, incorrectly concluding

Decision Summary

The director denied the petition, incorrectly concluding that the petitioner's operation of a franchise automatically precluded a qualifying relationship with the foreign entity. The AAO found that the director erred by focusing solely on the franchise agreement instead of analyzing the evidence of ownership and control that establishes the claimed parent-subsidiary relationship. The case was remanded for the director to properly evaluate the qualifying relationship between the U.S. and foreign entities.

Criteria Discussed

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