EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (4)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions
Page 136 of 258
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed in a primarily managerial or executi...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Trade Exhibitions
The appeal was dismissed because the petitioner failed to prove a qualifying parent-subsidiary relationship between the U.S. and foreign ent...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Real Estate Development
The director denied the petition for failure to demonstrate that the beneficiary was employed in a primarily managerial or executive capacit...
Managerial Capacity Executive Capacity Doing Business For One Year
dismissed
EB-1C
Religious Media Production
The appeal was dismissed because the petitioner failed to demonstrate several key requirements for the classification. The director found th...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Between Entities Ability To Pay
dismissed
EB-1C
Retail Trade
The appeal was dismissed because the petitioner, a small gasoline and convenience store, failed to demonstrate that the beneficiary would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Jewelry Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed by the foreign entity, or would b...
Managerial Capacity Executive Capacity Qualifying Relationship Employment Abroad Staffing Levels
dismissed
EB-1C
Automotive Repair
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a primarily manage...
Managerial Capacity (U.S. Position) Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Fashion Apparel
The appeal was dismissed, and the revocation of the petition was affirmed. The director revoked the initial approval because the petitioner ...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Export
The second motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not introduce new facts tha...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Exporting
The appeal was dismissed because the petitioner failed to establish three key requirements. First, it did not prove the beneficiary would be...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Ceramics Wholesale
The appeal was dismissed because the petitioner failed to establish several key eligibility requirements. The director initially denied the ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Doing Business For One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Energy Generation
The appeal was dismissed, affirming the director's denial. The director found the petitioner failed on three grounds: it did not establish t...
Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Marketing And Product Support
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the United States would be a qua...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Musical Instrument Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Managerial Capacity Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Finance
The motion to reopen and reconsider was dismissed on procedural grounds. The AAO determined that the motion failed to address the reason for...
Qualifying Relationship Motion To Reopen Motion To Reconsider Timely Filing
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Job Duties Organizational Complexity
dismissed
EB-1C
Wholesale Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Affiliate Subsidiary Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on January 10, 2012, but the appeal was not receiv...
Timely Filing Of Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Detailed Job Description Organizational Structure Supervision Of Subordinates
dismissed
EB-1C
Industrial Parts Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because it was filed untimely. The appeal was received on February 24, 2012, which was 253 days after the director'...
Timely Filing
dismissed
EB-1C
Furniture Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed untimely. The appeal was received 38 days after the director's decision was issued, which is be...
Timeliness Of Appeal
dismissed
EB-1C
Car Wash Franchising
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer in Mex...
Qualifying Relationship Affiliate Subsidiary Ability To Pay
dismissed
EB-1C
Marketing And Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence that was previously unavailable, as requir...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Petitioner Doing Business For At Least One Year Qualifying Relationship Between U.S. And Foreign Entities Foreign Entity Continues To Do Business
dismissed
EB-1C
International Trade
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence that were previously unavailable, as requi...
Employment Abroad In A Managerial/Executive Capacity Employment In The Us In A Managerial/Executive Capacity Qualifying Corporate Relationship Staffing Levels Motion To Reopen Standards
dismissed
EB-1C
Food Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment would be in a qualifying mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Motorsports
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Managerial Capacity Executive Capacity Qualifying Relationship (Subsidiary/Affiliate) Employment Abroad For One Year
dismissed
EB-1C
Distributor
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Jewelry
The director denied the petition, and the AAO dismissed the appeal, concluding that the petitioner failed to establish that the beneficiary ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment as President would be in a qu...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity Functional Manager Employment Abroad In A Qualifying Capacity
dismissed
EB-1C
Industrial Equipment Sales
The director denied the petition for failing to establish that the beneficiary was employed in a managerial or executive capacity by the for...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment)
dismissed
EB-1C
Automotive Sales
The director denied the petition for failing to establish that the beneficiary's proposed U.S. employment and prior foreign employment were ...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad)
dismissed
EB-1C
Convenience Store/Gas Station
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed in a primarily managerial or exec...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Qualifying Relationship
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed for failing to meet procedural requirements. The petitioner did not provide new facts or d...
Managerial Or Executive Capacity Ability To Pay Doing Business For One Year Motion To Reopen Requirements
dismissed
EB-1C
Business Development And Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. employment would be in a qualifying...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Import/Export
The motion was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Qualifying Managerial Capacity Qualifying Executive Capacity Employment Abroad In A Qualifying Capacity Sufficient Staffing To Relieve Beneficiary Of Non-Qualifying Duties Employer-Employee Relationship
dismissed
EB-1C
Industrial Tooling
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Immigration And Investment Services
The initial appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer and did not ...
Qualifying Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Retail Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Function Manager
dismissed
EB-1C
Information Technology
The appeal was dismissed as moot. While the appeal was pending, the petitioner filed a new petition on the beneficiary's behalf which was ap...
Qualifying Managerial Or Executive Capacity Mootness
dismissed
EB-1C
Construction Materials Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Qualifying U.S. Employment (Managerial/Executive) Qualifying Foreign Employment (Managerial/Executive) Foreign Employer Doing Business
sustained
EB-1C
Automotive Manufacturing
The director denied the petition for failing to establish that the beneficiary's employment abroad was in a qualifying managerial or executi...
Employment Abroad In A Managerial Or Executive Capacity Managerial Capacity Executive Capacity
dismissed
EB-1C
Automobile Sales
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a qualifying ...
Managerial Capacity Executive Capacity Qualifying Relationship (Subsidiary/Affiliate) Prior Employment Abroad Doing Business For At Least One Year
dismissed
EB-1C
Marketing
The motion was denied because the petitioner failed to establish that the beneficiary's employment abroad and proposed employment in the U.S...
Qualifying Managerial/Executive Capacity (Abroad) Qualifying Managerial/Executive Capacity (U.S.) Qualifying Relationship Staffing/Subordinates
dismissed
EB-1C
Semiconductor Manufacturing
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary was not employed in a qualify...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Finance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Ability To Pay
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
remanded
EB-1C
Automotive Parts
The appeal was remanded because the director improperly interpreted the 'doing business' regulation, incorrectly concluding that acting as a...
Doing Business Managerial Or Executive Capacity
remanded
EB-1C
Construction Engineering
The director's decision, based on a lack of a qualifying relationship, was withdrawn as the petitioner submitted sufficient evidence on appe...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Role As A Manager Or Executive Petitioner'S Ability To Support A Managerial Or Executive Position
dismissed
EB-1C
Production Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Affiliate Subsidiary Ownership Control
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity Failure To Identify Error In Appeal
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Consumer Goods Distribution
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner's counsel claimed to have previously filed a brief i...
Motion To Reopen Motion To Reconsider Timely Filing Of Brief Managerial Or Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on February 8, 2012, but the appeal was not receiv...
Timely Filing Of Appeal
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish two key requirements. The director found the petitioner did not prove a ...
Qualifying Relationship Managerial Or Executive Capacity
sustained
EB-1C
Computer Software
The director denied the petition, finding that the petitioner failed to establish the beneficiary's proposed employment would be in a qualif...
Executive Capacity Managerial Capacity Inconsistent Organizational Charts
dismissed
EB-1C
Diamond Wholesale
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage of $50,000. The dire...
Ability To Pay
dismissed
EB-1C
Supermarket
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Proposed Employment In The U.S.
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To State Grounds For Appeal Definition Of Employee
remanded
EB-1C
Transportation Services
The case was remanded because the director's denial was found to be deficient and based on unsupported conclusions of law and fact. The AAO ...
Employer-Employee Relationship Managerial Capacity / Subordinate Staff Foreign Entity Doing Business Petitioner Doing Business For At Least One Year
dismissed
EB-1C
Manufacturing And Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Doing Business Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment would be in a qualifying mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory standards. The petitioner did not present new fac...
Doing Business For At Least One Year Qualifying Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Qualifying Relationship
dismissed
EB-1C
Pharmacy
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. employer and the beneficiary'...
Qualifying Relationship Between Foreign And U.S. Entities One Year Of Foreign Employment In Preceding Three Years Beneficiary'S Entry To The U.S. To Continue Service For The Same Employer Or Affiliate Managerial Or Executive Capacity
dismissed
EB-1C
Retail
The AAO dismissed the petitioner's second motion to reopen and reconsider. The motion to reopen was denied for failing to present new facts ...
Qualifying Managerial Or Executive Capacity (U.S.) Qualifying Managerial Or Executive Capacity (Abroad) Ability To Pay Wage Valid U.S. Employer Status
dismissed
EB-1C
Convenience Stores
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Capacity Abroad Executive Capacity Abroad Managerial Capacity In The U.S. Executive Capacity In The U.S.
dismissed
EB-1C
Retail
The appeal was rejected because the AAO lacks jurisdiction over automatic revocations. The petition's approval was automatically revoked as ...
Automatic Revocation Termination Of Employer'S Business Appellate Jurisdiction
sustained
EB-1C
Online Gaming
The director initially denied the petition, finding that the petitioner failed to demonstrate that the beneficiary was employed abroad in a ...
Employment Abroad In A Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was summarily dismissed on procedural grounds. The petitioner appealed the director's dismissal of a motion to reopen/reconsider ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment In The Us (Managerial/Executive) One Year Of Employment With Qualifying Foreign Entity Submission Of Fraudulent Evidence
dismissed
EB-1C
Manufacturing
The appeal was rejected because it was filed untimely. The appeal was received 41 days after the director's decision was issued, which is be...
Qualifying Relationship Managerial Or Executive Capacity Doing Business For At Least One Year Foreign Entity Operations Timely Filing Of Appeal
dismissed
EB-1C
Gas Station Operation
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Or Executive Capacity Qualifying Corporate Relationship
dismissed
EB-1C
Window Treatment Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity (Us Position) Executive Capacity (Us Position) Managerial Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Petroleum
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner had ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Beneficiary'S Status As An 'Employee'
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish two grounds. First, it did not prove that the beneficiary would be emplo...
Managerial Capacity Executive Capacity Qualifying Employment Relationship
dismissed
EB-1C
Child Care
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in the United States in a qualifyi...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export Of Agricultural Supplies
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Employment Abroad Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Business
The motion to reconsider was dismissed because it failed to meet the applicable requirements. The petitioner's counsel did not point to a fa...
Qualifying Relationship Fraud Motion To Reconsider Requirements
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role as president would be primarily man...
Managerial Or Executive Capacity Staffing Levels Employer-Employee Relationship Performance Of Non-Qualifying Duties
dismissed
EB-1C
Tire Pressure Monitoring Systems
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity. T...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Hospitality
The motion to reconsider was dismissed because the petitioner failed to establish that the AAO's prior decision was based on an incorrect ap...
Managerial Or Executive Capacity Qualifying Relationship Staffing Levels Beneficiary'S Duties
dismissed
EB-1C
International Freight Forwarding
The second motion to reopen was dismissed because the petitioner failed to meet the regulatory requirements. The submitted evidence was not ...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Management
The motion to reconsider was dismissed because it failed to meet the procedural requirements. The beneficiary did not demonstrate that the A...
Motion To Reconsider Requirements Ineffective Assistance Of Counsel Managerial Or Executive Capacity
dismissed
EB-1C
Industrial Production
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Supervision Of Staff
dismissed
EB-1C
International Trade
The motion to reopen and reconsider was dismissed because the petitioner failed to provide relevant new evidence to establish that the benef...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not provide new ...
Qualifying Managerial Or Executive Capacity (U.S.) Qualifying Managerial Or Executive Capacity (Abroad) Qualifying Relationship Between Entities Foreign Company Continues To Do Business
dismissed
EB-1C
Investment Advisory
The director denied the petition because the petitioner failed to establish it had the ability to pay the proffered wage of $60,000 per year...
Ability To Pay Proffered Wage
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Supervision Of Employees
dismissed
EB-1C
Flooring / Export
The petition remained denied because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business Management
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence that was previously unavailable, a core re...
Managerial Or Executive Capacity Doing Business For At Least One Year Qualifying Relationship Motion To Reopen Requirements
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