EB-1C Dismissed — Cheese Manufacturing (2018): the motions to reopen and reconsider were denied, upholding

Decision Summary

The motions to reopen and reconsider were denied, upholding the prior dismissal. The motion to reopen was denied because the new evidence submitted was dated after the petition's original filing date and could not establish eligibility at that time. The motion to reconsider was denied because the petitioner failed to demonstrate that the original decision was based on an incorrect application of law, particularly regarding whether the beneficiary's duties were primarily managerial both abroad and in the U.S.

Criteria Discussed

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