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9th Cir on L-1 visas Print E-mail
Thursday, 10 July 2008

Brazil Quality v. Chertoff (9th Cir. 7/10/08)

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.

 

Read opinion here: 

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.

 
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