sustained EB-1C Case: Information Technology
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Decision Summary
The appeal was sustained because the AAO disagreed with the Director's interpretation of the three-year lookback period for the one-year foreign employment requirement. The AAO ruled that for a beneficiary who previously made only brief, intermittent visits to the U.S., the relevant 'entry as a nonimmigrant' for calculating the lookback period is the date they began working primarily in the United States, not their initial entry. This interpretation allowed the beneficiary to meet the requirement.
Criteria Discussed
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