EB-1C Dismissed — Management (2012): did not establish the beneficiary entered the U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary entered the U.S. 'in order to continue to render services' to a qualifying entity. The beneficiary had a significant break in employment after leaving the foreign employer, entering the U.S. in J-1 status and working for unrelated companies before the petition was filed, which broke the required continuity.

Criteria Discussed

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