EB-1C Dismissed — Used Clothing Export (2018): did not meet the fundamental requirements of the EB-1C

Decision Summary

The appeal was dismissed because the petitioner failed to meet the fundamental requirements of the EB-1C classification. The petitioner admitted it did not have a qualifying relationship with the beneficiary's foreign employer. The attempt to use the I-140 petition as a mechanism for a 'job portability' determination was incorrect, as the petition must first be approvable on its own merits.

Criteria Discussed

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