by Chuck Roth
Brazil Quality v. Chertoff (9th Cir., July 10, 2008)
O'SCANNLAIN Goodwin Fletcher
Reviewing an L-1 denial for abuse of discretion, the 9th cir upheld USCIS's refusal to extend an L-1 visa where a company was 99% owned by the individual using it as a means to enter on the L-1. The CtApp agreed that someone managing an "essential business function" can qualify for an L-1, but found that he did not establish that his job was "primarily" to do so. Agreed with AAU that because company was small and he needed to oversee operations, as opposed to managing, that he didn't qualify for an L-1.