EB-1C Remanded — Information Technology (2023): the Director denied the petition, concluding that a

Decision Summary

The Director denied the petition, concluding that a qualifying relationship no longer existed between the U.S. petitioner and the foreign employer after a corporate restructuring. The AAO remanded the case because the Director failed to properly consider the petitioner's argument that the beneficiary was eligible for job portability, which requires assessing if the petition was approvable at the time of filing and until the beneficiary's adjustment of status application was pending for 180 days.

Criteria Discussed

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