dismissed L-1B Case: Engineering
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the one-year continuous foreign employment requirement within the three years preceding the petition filing. The AAO determined that the beneficiary's time in the U.S. as an F-1 student, even with optional practical training for the petitioner, did not toll or adjust the three-year look-back period. Consequently, the beneficiary had less than the required one year of employment abroad during the relevant timeframe.
Criteria Discussed
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