remanded
EB-1C
remanded EB-1C Case: Professional Services
Decision Summary
The appeal was remanded because the Director incorrectly calculated the three-year qualifying period for the one-year foreign employment requirement. The Director used the beneficiary's most recent U.S. entry as the reference point, while the AAO determined the correct period was the three years preceding the beneficiary's initial entry as a nonimmigrant, as his employment with the multinational organization was continuous.
Criteria Discussed
One-Year Qualifying Foreign Employment Calculation Of The Three-Year Qualifying Period
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