Remanded
L-1A
L-1A Remanded — Sporting Goods (2007): the director incorrectly adjudicated the petition by
Decision Summary
The appeal was remanded because the director incorrectly adjudicated the petition by failing to apply the specific, more lenient regulations for a 'new office.' The director's denial was based on the petitioner's current low staffing levels, but the correct standard requires showing the U.S. operation will support a manager within one year. The AAO found the record still lacked sufficient evidence to meet this new office standard and sent the case back for re-adjudication.
Criteria Discussed
Managerial Or Executive Capacity New Office Requirements Staffing Levels Sufficient Physical Premises Ability To Support A Manager Within One Year Financial Ability Of The Foreign Entity
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