EB-1C Dismissed — Restaurant (2012): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because it failed to present new facts or establish that the prior decision was based on an incorrect application of law. The petitioner did not resolve inconsistencies regarding the qualifying relationship between the U.S. petitioner and the foreign employer, and also failed to address the original grounds for denial concerning the beneficiary's employment in a qualifying managerial or executive capacity, both abroad and in the proposed U.S. role.

Criteria Discussed

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