dismissed EB-1C Case: Software Consulting
Decision Summary
The appeal was dismissed because the beneficiary did not complete the required one year of employment with the foreign entity within the three years prior to his entry into the United States as a nonimmigrant. The petitioner argued that short periods of work abroad after the beneficiary's initial entry should be aggregated to meet the one-year requirement, but the AAO rejected this interpretation of the regulation.
Criteria Discussed
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