EB-1C Remanded — Software Development (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 determining the required one year of foreign employment. The AAO clarified that for a beneficiary already in the U.S. who changed status to work for the employer, the qualifying period is the three years preceding the filing of the nonimmigrant petition (L-1A), not the immigrant petition. Based on this correct timeframe, the beneficiary met the employment requirement, and the case was sent back for a new decision on the merits.

Criteria Discussed

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