EB-1C Dismissed — Information Technology (2013): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts or establish an incorrect application of law. The AAO affirmed the denial, finding the petitioner failed to prove the beneficiary had the required one year of qualifying managerial employment abroad within the three years preceding the petition. The argument to adjust the three-year look-back period based on the beneficiary's entry in TN status was rejected because he did not enter the U.S. to work for a qualifying entity in a managerial or executive capacity.

Criteria Discussed

Sign up free to download the original PDF