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 (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
2797 total decisions
Page 22 of 28
dismissed
EB-1C
Bakery
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was incorrect. The petitioner did ...
Managerial Capacity Executive Capacity Staffing Levels Preponderance Of The Evidence
dismissed
EB-1C
Restaurant
The appeal of the motion to reconsider was dismissed. The director initially denied the petition for failure to establish a qualifying corpo...
Qualifying Relationship Foreign Entity Doing Business Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay Fraud/Falsified Documents
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad, or would be employed in the Un...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Jewelry 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 Executive Capacity
dismissed
EB-1C
Herbs And Spices
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 Ability To Pay Staffing Levels
dismissed
EB-1C
Litigation Support Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Or Executive Capacity (Abroad) Qualifying Relationship Between Entities Managerial Capacity (U.S.)
dismissed
EB-1C
Sales
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
Mining
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Employment Abroad
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity
sustained
EB-1C
Education Consulting
The appeal was sustained because the petitioner provided sufficient evidence to establish that the beneficiary would be employed in a qualif...
Employment In A Qualifying Executive Capacity Definition Of Executive Capacity Primarily Performing Qualifying Duties Organizational Hierarchy And Support Staff
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Entities
dismissed
EB-1C
Multinational Management
The Administrative Appeals Office (AAO) affirmed the director's decision to deny the petition. The provided text is a summary that outlines ...
dismissed
EB-1C
Import/Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer due to inconsistent ...
Qualifying Relationship Managerial Or Executive Capacity Doing Business Ability To Pay
dismissed
EB-1C
Trade Finance
The director denied the petition for three reasons: failure to establish a qualifying relationship between the U.S. and foreign entities, fa...
Qualifying Relationship Managerial Or Executive Capacity Foreign Entity Doing Business
dismissed
EB-1C
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary's roles, both abroad and in the proposed U.S. posit...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Dairy Sanitation
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Employment Abroad For At Least One Year
dismissed
EB-1C
Retail
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 (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Business
The motion to reopen was dismissed because the petitioner failed to meet the motion's requirements. The petitioner submitted numerous docume...
Doing Business Abroad Qualifying Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Ability To Pay Proffered Wage
dismissed
EB-1C
Machinery Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the United States would be prima...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Amusement Park
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
Landscaping And Construction
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 Relationship (Subsidiary) Doing Business For At Least One Year
dismissed
EB-1C
Unknown
The motion to reopen and reconsider was dismissed primarily because it was untimely filed, received one day after the 33-day deadline. The A...
Timeliness Of Motion Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Software Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify a specific erroneous conclusion of law or fact i...
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position) Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Marketing Services
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 Relationship Between Entities Doing Business For At Least One Year
sustained
EB-1C
Reinsurance
The Director initially denied the petition, finding insufficient evidence that the Beneficiary's past foreign employment and proposed U.S. e...
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner did not provide sufficient evidence to establish that the beneficiary worked in a qualifying...
Managerial Capacity Abroad Executive Capacity Abroad Managerial Capacity In The U.S. Executive Capacity In The U.S. Staffing Levels
dismissed
EB-1C
Architectural Engineering
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The petitioner's tax return showe...
Ability To Pay Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Management Consulting
The underlying appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employe...
Qualifying Managerial Or Executive Capacity (Abroad And In U.S.) Motion To Reopen Requirements Motion To Reconsider Requirements
remanded
EB-1C
Construction Products
The Director's initial reason for denial, that the beneficiary would not be employed in a qualifying managerial or executive capacity, was w...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
remanded
EB-1C
Publishing
The Director's denial, which was based on the beneficiary's U.S. role, was withdrawn because the AAO found that key evidence was improperly ...
Managerial/Executive Capacity (U.S. Employment) Managerial/Executive Capacity (Foreign Employment)
dismissed
EB-1C
Home Textile Products
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying executive or managerial ca...
Executive Capacity Managerial Capacity Staffing Levels
sustained
EB-1C
Processed Foods
The director initially denied the petition, concluding the petitioner failed to establish the beneficiary would be employed in a qualifying ...
Managerial Capacity Management Of An Essential Function
dismissed
EB-1C
Motorcycle Dealership
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer, which...
Qualifying Relationship Subsidiary Joint Venture Ability To Pay Doing Business For One Year
dismissed
EB-1C
Pharmaceuticals
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the U....
Managerial Capacity (U.S. Employment) Managerial Capacity (Abroad Employment) Staffing Levels
sustained
EB-1C
Engineering
The Director initially denied the petition for failing to establish a qualifying relationship between the U.S. petitioner and the foreign em...
Qualifying Relationship Parent-Subsidiary Relationship Control Of An Entity
dismissed
EB-1C
Corporate Uniforms
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a primarily executive capacity...
Executive Capacity Job Duties Staffing Levels
dismissed
EB-1C
Investment
The appeal was dismissed because the record was ambiguous as to which entity would employ the beneficiary, and the subsidiary lacked the abi...
Executive Capacity Job Duties Identity Of The Employer Ability To Pay
sustained
EB-1C
Health And Social Services
The appeal was sustained because the AAO found the Director placed undue emphasis on inconsistencies between the current petition and a prev...
Employment Abroad In A Managerial Capacity Proposed Employment In The U.S. In A Managerial Capacity Inconsistencies With Prior L-1B Petition Definition Of 'Primarily' Managerial Duties
sustained
EB-1C
Automotive Manufacturing
The Director initially denied the petition for failing to establish that the Beneficiary's roles abroad and in the U.S. were managerial. The...
Employment In A Managerial Capacity Abroad Prospective Employment In A Managerial Capacity In The U.S. Function Manager
remanded
EB-1C
Software Manufacturing
The Director erred by requiring the beneficiary's one year of foreign employment to be continuous or uninterrupted, a requirement not suppor...
One Year Of Employment Abroad In The Preceding Three Years Continuity Of Foreign Employment
dismissed
EB-1C
Retail Management
The Director denied the petition, and the appeal was likely dismissed, because the petitioner did not establish that the beneficiary would b...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
EB-1C
Retail Management
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's qualifying employm...
Qualifying Employment Abroad Willful Misrepresentation Managerial Or Executive Capacity (U.S. Position)
dismissed
EB-1C
Real Estate Management
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Managerial Capacity Staffing Levels Place Of Business Beneficiary'S Involvement In Other Businesses Job Duties Doing Business For At Least One Year
sustained
EB-1C
Manufacturing/Supply
The appeal was sustained because the Director had incorrectly concluded the beneficiary would not be employed in a full-time executive capac...
Managerial Or Executive Capacity Full-Time Employment Staffing Levels
sustained
EB-1C
Flavors And Fragrances
The appeal was sustained because the petitioner successfully established the required qualifying relationship with the beneficiary's foreign...
Qualifying Relationship Affiliate Relationship Common Ownership
dismissed
EB-1C
Wholesale Trade
The petitioner's initial appeal was summarily dismissed for failing to identify any error in the director's decision. This decision denies t...
Summary Dismissal Of Appeal Motion To Reopen Motion To Reconsider
remanded
EB-1C
Hospitality
The appeal was remanded because the petitioner submitted new evidence on appeal successfully overcoming the director's initial reason for de...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Stone Products
The appeal was dismissed. Although the AAO withdrew several of the Director's grounds for denial, including those related to the beneficiary...
One Year Of Foreign Employment Employment In A Managerial Or Executive Capacity Permanent Employment Offer Qualifying Relationship Ability To Pay Willful Misrepresentation
dismissed
EB-1C
Newspaper Publishing
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary's proposed employment in the United States would be...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the beneficiary had a significant break in employment with the petitioner's multinational organization. Aft...
Qualifying Foreign Employment (One-In-Three Rule) Continuity Of Employment
dismissed
EB-1C
Product Distribution
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary's proposed role in the United States would be pri...
U.S. Employment In A Managerial Capacity Beneficiary'S Job Duties Staffing Levels Prior Employment Abroad In A Managerial Capacity
sustained
EB-1C
Information Technology
The appeal was sustained because the AAO disagreed with the Director's interpretation of the three-year lookback period for the one-year for...
One Year Of Qualifying Foreign Employment Three-Year Lookback Period Interpretation Of 'Entry As A Nonimmigrant'
sustained
EB-1C
Granite And Marble Products
The appeal was sustained because the petitioner successfully addressed the two grounds for denial. On appeal, they provided a more detailed ...
Managerial/Executive Capacity Qualifying Relationship
dismissed
EB-1C
Real Estate Development
The appeal was dismissed. Although the AAO withdrew the Director's finding regarding the lack of a qualifying corporate relationship, the di...
Qualifying Relationship Managerial Capacity (U.S.) Managerial Capacity (Foreign) Function Manager
dismissed
EB-1C
Management
The combined motion to reopen and reconsider was denied because the petitioner's original appeal was properly summarily dismissed. The petit...
Summary Dismissal Of Appeal Motion To Reopen Motion To Reconsider
sustained
EB-1C
Revenue Cycle Management
The appeal was sustained because the petitioner provided sufficient credible evidence that the beneficiary would be employed in a qualifying...
Managerial Capacity Executive Capacity Staffing Levels
sustained
EB-1C
Business
The director initially denied the petition for failing to establish that the beneficiary would be employed in a qualifying executive capacit...
Qualifying Executive Or Managerial Capacity Organizational Hierarchy And Staffing Levels Duties Focused On Broad Goals And Policies Vs. Day-To-Day Operations Supervision Of Subordinate Staff
dismissed
EB-1C
Food Distribution
The appeal was dismissed because the petitioner failed to overcome the director's adverse findings. The director concluded that the petition...
Managerial Capacity Executive Capacity Employment Abroad Employment In The U.S.
dismissed
EB-1C
Customer Contact Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial ...
Employment Abroad Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant
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 Employment Abroad
dismissed
EB-1C
Hospitality
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 Staffing Levels
sustained
EB-1C
Business Management
The Director initially denied the petition for failing to establish that the beneficiary was employed abroad and would be employed in the U....
Employment Abroad In A Managerial/Executive Capacity Proposed Employment In The Us In A Managerial/Executive Capacity
dismissed
EB-1C
Restaurant
The director initially denied the petition, concluding the petitioner had not established the beneficiary's duties were primarily managerial...
Managerial Or Executive Duties Failure To State Basis For Appeal
dismissed
EB-1C
Product Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a qualifying executive or manag...
Executive Capacity One Year Of Qualifying Employment Abroad
dismissed
EB-1C
Operations Management
The petitioner's initial appeal was summarily dismissed for failing to address the director's findings. This subsequent motion to reconsider...
Qualifying Relationship Between Entities Managerial Or Executive Capacity In The U.S. Managerial Or Executive Capacity Abroad Doing Business For At Least One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the United States would be...
Managerial Capacity Executive Capacity
sustained
EB-1C
Telecommunications Technology
The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient evidence to overcome the directo...
Managerial/Executive Duties Abroad
dismissed
EB-1C
Printed Circuit Board Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the Uni...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Wholesale Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties, both abroad and in the United States, wer...
Managerial Capacity Executive Capacity Staffing Levels Duties Of Beneficiary
dismissed
EB-1C
Electronic Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary's intended duties in the United States would be pri...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Carpet Import/Sales
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 Staffing Levels
dismissed
EB-1C
Industrial Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties were primarily managerial, either in his p...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity Supervision Of Professional Employees Hiring And Firing Authority
sustained
EB-1C
E-Business Services
The initial denial was based on the finding that the beneficiary was not employed in a qualifying managerial capacity abroad. On appeal, the...
Managerial Capacity (Abroad) Function Manager Personnel Manager
dismissed
EB-1C
Automotive Repair
The appeal was dismissed because the petitioner failed to overcome the director's findings that the beneficiary was not employed in a qualif...
Managerial Capacity Executive Capacity Qualifying Employment Abroad
dismissed
EB-1C
Advertising And Marketing
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner's initial appeal had been summarily dismissed for fa...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Requirements For Motion To Reopen Requirements For Motion To Reconsider
dismissed
EB-1C
Management
The combined motion to reopen and reconsider was dismissed. The petitioner failed to meet the requirements for a motion to reopen because th...
Qualifying Managerial Or Executive Capacity Qualifying Relationship Between Entities
sustained
EB-1C
Information Technology
The appeal was sustained because the petitioner successfully proved the beneficiary was employed abroad in a qualifying managerial capacity....
Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment)
dismissed
EB-1C
Scaffolding Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Managerial Capacity Executive Capacity Qualifying Relationship (Subsidiary) Staffing Levels
dismissed
EB-1C
Human Resources
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad and her proposed employment in ...
Managerial Capacity Executive Capacity
sustained
EB-1C
Health Products
The appeal was sustained because the petitioner provided sufficient evidence to overcome the director's grounds for denial. The totality of ...
Qualifying Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner company was administratively dissolved and its corporate status was inactive. Because of thi...
Qualifying Relationship Doing Business Managerial Or Executive Capacity (Proposed) Managerial Or Executive Capacity (Abroad) Ability To Pay Foreign Employer Doing Business
remanded
EB-1C
Retail
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient. The NOIR failed to provide the ...
Qualifying Relationship Foreign Employer Doing Business Abroad Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Fraud Or Willful Misrepresentation
dismissed
EB-1C
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Employment Abroad In A Managerial Capacity One-Year Qualifying Employment Definition Of Managerial Capacity Relevant Three-Year Period
dismissed
EB-1C
Management Consulting
The motions to reopen and reconsider were denied because the petitioner failed to establish that the beneficiary met the requirement of one ...
One Year Of Qualifying Employment Abroad Employment In A Managerial Or Executive Capacity Interruption Of Qualifying Employment
dismissed
EB-1C
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Employment In An Executive Capacity Sufficient Staffing
remanded
EB-1C
Technology Solutions
The appeal was remanded because while the AAO found the petitioner had established that the beneficiary would be employed in a managerial ca...
Managerial Capacity Ability To Pay Doing Business
remanded
EB-1C
Fleet Management Software
The appeal was remanded because the Director's initial denial did not adequately analyze the petitioner's claim that the beneficiary qualifi...
Managerial Capacity (Abroad) Managerial Capacity (U.S. Position) Function Manager
dismissed
EB-1C
Management Consulting
The motion was dismissed because the petitioner failed to resolve significant inconsistencies regarding the end date of the beneficiary's qu...
One Year Of Qualifying Foreign Employment In A Managerial/Executive Capacity
dismissed
EB-1C
Financial Services
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage and did not prove th...
Qualifying Relationship Ability To Pay Managerial Or Executive Capacity
sustained
EB-1C
Management Consulting
The appeal was sustained because the AAO determined that the Beneficiary's 22-month period in the United States as an F-1 student did not in...
One Year Of Foreign Employment Three-Year Look-Back Period Managerial Or Executive Capacity Continuity Of Employment
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to prove the beneficiary's employment abroad was primarily in a managerial capacity. ...
Managerial Capacity Employment Abroad Job Duties
dismissed
EB-1C
Digital Marketing
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary's proffered wage. The Dire...
Ability To Pay Proffered Wage
remanded
EB-1C
Business Consulting
The AAO found that the petitioner had withdrawn the petition before the Director issued a decision, and the Director erred by not accepting ...
Fraud/Willful Misrepresentation Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (Proposed U.S. Employment) Doing Business Abroad Ability To Pay Withdrawal Of Petition
sustained
EB-1C
Travel Technology
The appeal was sustained because the Director failed to properly consider employees within the wider "qualifying organization" who perform n...
Managerial Capacity Function Manager Qualifying Organization Senior Level Position
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Staffing And Organizational Structure
dismissed
EB-1C
Real Estate Asset Management
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. company and the for...
Qualifying Relationship Ownership And Control Executive Capacity
sustained
EB-1C
Financial Services
The appeal was sustained because upon de novo review, the AAO found the petitioner successfully demonstrated the beneficiary would be employ...
Managerial Capacity Functional Manager
dismissed
EB-1C
Information Technology
The appeal was dismissed on procedural grounds, not on the merits of the petition. The petitioner failed to appeal the initial denial in tim...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Motion To Reconsider Requirements
dismissed
EB-1C
Logistics And Transportation
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Job Duties Organizational Structure Staffing Levels
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