EB-1C Dismissed — General Management (2013): the petitioner, a sole proprietorship, was not considered a

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, was not considered a qualifying legal entity separate from the beneficiary. The AAO determined that a sole proprietorship is indistinct from its owner, meaning the petition was equivalent to the beneficiary offering employment to himself, which is legally precluded. The AAO upheld the director's revocation, finding that the initial approval of the petition was a clear error.

Criteria Discussed

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