remanded L-1B Case: Accounting

Decision Summary

The director denied the petition because the beneficiary had not worked abroad for a qualifying organization in the three years immediately preceding the petition's filing date. The petitioner successfully argued on appeal that the three-year look-back period should be calculated from the date of the beneficiary's lawful admission to the United States in a different nonimmigrant status (TN). The AAO found this argument persuasive and remanded the case, as the beneficiary did have the required one year of foreign employment within the three years prior to their admission to the U.S.

Criteria Discussed

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