EB-1C Dismissed — Account Management: did not establish a qualifying relationship with the

Decision Summary

The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the time the Form I-140 was filed. The petitioner admitted that the foreign entity had ceased operations prior to the filing date, a fatal flaw for this immigrant classification. The AAO rejected counsel's arguments that relied on nonimmigrant L-1A standards, clarifying that immigrant petitions have distinct and separate requirements.

Criteria Discussed

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