dismissed EB-1C Case: Diamond Purchasing
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed overseas for the required one year in the three years preceding his entry as a nonimmigrant. An analysis of the beneficiary's travel records showed he spent only 272 days overseas during the three-year qualifying period, which is less than the required 365 days. The time the beneficiary spent in the United States, even for business purposes, did not count towards the foreign employment requirement.
Criteria Discussed
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