L-1B Sustained — Telecommunications Technology (2022): the Director incorrectly determined that the beneficiary

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

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