EB-1C Remanded — Logistics (2022): the Director incorrectly calculated the three-year

Decision Summary

The appeal was remanded because the Director incorrectly calculated the three-year qualifying period for the required one year of foreign employment. The AAO determined that for a beneficiary already in the U.S. who changed status, the qualifying period should be the three years preceding the filing of the nonimmigrant L-1 petition, not the immigrant I-140 petition. Under the correct calculation, the beneficiary met the requirement, so the denial was withdrawn and the case sent back for further review on other issues.

Criteria Discussed

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