dismissed EB-1C Case: Logistics
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary had the required one year of employment abroad with a qualifying organization. The record contained significant inconsistencies regarding the beneficiary's employment dates and location, particularly that she resided in Poland and Austria while claiming to work remotely for the affiliate in Mexico. While the finding of willful misrepresentation was withdrawn, the petitioner could not overcome the primary eligibility requirement for foreign employment.
Criteria Discussed
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