Controller

The motions to reopen and reconsider were dismissed because the Petitioner failed to address the dismissal grounds regarding the Beneficiary's foreign and proposed U.S. employment. Additionally, the Petitioner did not establish a qualifying relationship between the company and the foreign employer due to internally inconsistent and unreliable tax returns and a lack of legible transactional documentation of ownership.

The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a managerial or executive capacity for at least one year during the qualifying period. The record lacked a description of foreign duties, and the beneficiary's long-term presence in the U.S. as a visitor since 2015 constituted a disqualifying break in multinational employment. Additionally, the petitioner failed to document the beneficiary's nonimmigrant status and authorization to work in the U.S. at the time of filing.

The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The Petitioner did not adequately address the issues of the Beneficiary's foreign and proposed U.S. employment, which were deemed waived. Furthermore, the Petitioner resubmitted previously considered documents and provided conflicting evidence regarding company ownership, failing to resolve the inconsistencies raised in prior decisions.