EB-1C Dismissed — Retail (2021): did not establish the beneficiary was employed abroad in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying capacity for at least one year in the three years preceding the petition filing. The beneficiary's foreign employment lasted only seven months before he entered the U.S., and time spent working in the U.S. does not count toward the one-year foreign employment requirement. The petitioner also abandoned the issue of whether the foreign employment was in a managerial or executive capacity by not contesting it on appeal.

Criteria Discussed

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