dismissed EB-1C Case: Business
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Decision Summary
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner submitted new evidence from 2011 and 2012, which was deemed irrelevant because eligibility must be established based on the facts existing when the petition was filed in 2006. The AAO has consistently found that the petitioner failed to prove the beneficiary was employed abroad or would be employed in the U.S. in a qualifying managerial or executive capacity.
Criteria Discussed
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