dismissed EB-1C Case: Business
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Decision Summary
The appeal was dismissed because the petitioner failed to establish it had been doing business in the U.S. for at least one year prior to filing the immigrant petition, as required by 8 C.F.R. § 204.5(j)(3)(i)(D). The petitioner was established only four and a half months before filing, and its argument that it acquired an interest in an older company did not satisfy the regulation, which requires the petitioning entity itself to meet the one-year rule.
Criteria Discussed
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