Dismissed EB-1C

EB-1C Dismissed โ€” Automotive And Equipment Sales (2023): the motion to reconsider was dismissed because the

๐Ÿ“… 2023-03-31 ๐Ÿ‘ค Company ๐Ÿ“‚ Automotive And Equipment Sales

Decision Summary

The motion to reconsider was dismissed because the petitioner failed to prove a legal error in the prior decision. The AAO affirmed its calculation of the three-year look-back period for qualifying foreign employment, starting from the beneficiary's U.S. entry date, not the L-1 petition filing date as argued by the petitioner. Furthermore, the evidence of foreign employment was found to be unreliable and insufficient regardless of the timeframe used.

Criteria Discussed

Qualifying Employment Abroad (One-In-Three-Year Rule) Qualifying Managerial/Executive Capacity Ability To Pay Proffered Wage
๐Ÿ“„ Original decision (USCIS PDF)

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