Remanded
EB-1C
EB-1C Remanded — Engineering (2023): the Director denied the petition, incorrectly asserting
Decision Summary
The Director denied the petition, incorrectly asserting that the qualifying relationship between the U.S. petitioner and the foreign employer must have existed for the entire one-year period of the beneficiary's qualifying employment abroad. The AAO found this interpretation to be an error, clarifying that the regulations only require the qualifying relationship to exist at the time of filing. The case was therefore remanded for a new decision based on the correct legal standard.
Criteria Discussed
One Year Of Foreign Employment In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Timing Of Qualifying Relationship
📄 Original decision (USCIS PDF)
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