L-1B Remanded — Restaurant (2005): the director's decision was withdrawn because the AAO

Decision Summary

The director's decision was withdrawn because the AAO determined that the petitioner did establish a qualifying affiliate relationship, as the same individual owned and controlled both the U.S. and foreign entities through majority ownership. The case was remanded for a new decision because the director had not addressed the separate issue of whether the beneficiary's position as a head chef meets the regulatory definition of a specialized knowledge capacity.

Criteria Discussed

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