sustained
L-1B
sustained L-1B Case: Telecommunications Technology
Decision Summary
The appeal was sustained because the Director incorrectly determined that the beneficiary had to be employed by a separate foreign entity. Citing the precedent case Matter of Chartier, the AAO found that an employee can fulfill the one-year foreign employment requirement by working directly for the U.S. petitioner while physically located abroad, provided the petitioner is a 'qualifying organization' that does business in the U.S. and at least one other country.
Criteria Discussed
Qualifying Organization One-Year Foreign Employment Qualifying Relationship (Parent/Branch/Subsidiary/Affiliate)
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